Kramer v. State

Appellant was convicted of aggravated battery of a pregnant woman, two counts of attempted first degree murder, and two counts of aggravated child abuse. We reverse for a new trial because of the improper denial of one of his challenges of a juror for cause.

Appellant’s counsel emphasized in voir dire that the state had the burden of proof. He inquired of individual prospective jurors about whether they could judge the case properly on the law if the appellant did not offer any evidence, and whether they understood that the burden was on the government to prove its case. After questioning five…