Missouri Court’s Decision will Affect Jury Selection in Crimina

  • Yesterday, the Missouri Court of Appeals, Eastern District issued an important opinion regarding jury selection. For lawyers in Springfield MO, this could play a factor in many cases coming up. In this medical malpractice case, a potential juror expressed a bias in favor of one of the parties. The Court held that when a potential juror indicates a bias and is not asked specific follow-up questions to clearly show that the juror will be impartial to both sides, it is error for that potential juror to sit on the jury and decide the case. Although the case was a civil medical malpractice action, the Court’s decision will also affect jury selection in criminal cases.

    READ CASE RULING [FULL TEXT]


    Missouri Court of Appeals, Eastern District

    Thomas v. Mercy Hospitals East Communities, ED103338.
    Appeal from the Circuit Court of Franklin County, Missouri
    13AB-CC00063

    Honorable Gael D. Wood

    Filed: September 13, 2016

    Conclusion

    For the reasons stated above, we reverse the judgment of the trial court and remand for a new trial.

    James M. Dowd, Presiding Judge
    Kurt S. Odenwald, J. and
    Gary M. Gaertner, Jr., J., concur.

    Missouri Court of Appeals, Eastern District
    One Post Office Square
    815 Olive Street, Room 304
    St. Louis, Missouri 63101

    Carver, Cantin & Mynarich are a team of top-rated criminal defense attorneys in Springfield, Missouri specializing in sex crimes defense and criminal tax defense in addition to a wide variety criminal legal services. 

    For more news about important legal issues relevant to attorneys in Springfield MO, please visit the Show-Me Justice, a blog for Missouri Lawyers