Missouri Court’s Decision will Affect Jury Selection in Criminal Cases

Yesterday, the Missouri Court of Appeals, Eastern District issued an important opinion regarding jury selection. 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.



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