Pearce v. State

OPINION

MANNHEIMER, Judge.

This case presents an unusual issue that arose during jury selection. The selection process was complete, in the sense that the parties had waived their remaining peremptory challenges and had accepted a panel of twelve jurors, but the court adjourned for the evening without requiring the twelve selected jurors to take their trial oath. During this evening adjournment, the defense attorney received new information about one of the jurors. Based on this information, the attorney wished to challenge the juror in question. For this purpose, he asked the trial judge to…