· 10/22/2014
Gary Wayne Oswalt v. State of Indiana
Citations
- 19 N.E.3d 241
- 2014 Ind. LEXIS 838
- 2014 WL 5361996
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding juror rehabilitated after affirming he would follow the court’s instructions, listen to the evidence, and decide the case based only on the instructions and evidence
- affirming denial of challenge of potential juror for cause; potential juror expressed “discomfort” at trying child molestation case, but discomfort did not amount to bias or prejudice
- finding appeal preserved when the defendant extinguished his peremptory challenges and had “‘a record that says … I’m out of preempts and I’m not getting who I want.’”
- requiring ex- haustion of peremptory challenges to preserve issue of juror competence on appeal
- deferring to trial court’s ability to assess demeanor of potential juror
- our supreme court did not find bias where a juror expressed discomfort and uttered the statement that he would not want a juror like himself adjudicating the case
Source: CourtListener parenthetical corpus (CC0).
Judges: Rush, Dickson, Rucker, David, Massa
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.