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· 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 CourtListener

Sourced 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.