Legal Opinion · Concurrence

State v. Griffin

West Virginia Supreme Court

Decided June 26, 2002No. 30433Published

1ConcurrenceStarcher, Justice

(Filed July 9, 2002)

I concur with the majority opinion and write separately to point out that this defendant is absolutely and constitutionally entitled to one fan* jury trial on the charges against him. Juror Young in the instant case made a clear statement during voir dire indicating bias — she believed that when a defendant has been indicted, he or she is “most likely to be guilty than not, based on [her] experience when [she was] unth grand ju-nes.” (Emphasis added.) Once the juror made this clear statement, fairness mandated that she be disqualified as a matter of law and another…

2Cases cited3 opinions

  1. State v. MillerWest Virginia Supreme Court · 1996
  2. O'DELL v. MillerWest Virginia Supreme Court · 2002
  3. State v. WilliamsWest Virginia Supreme Court · 1999

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