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I Object! A Blog on Preservation of Error

Voir Dire

March 29, 2016 2:55 PM | Posted by Christine Davis Graves | Permalink
Preserving error during voir dire can be tricky. In jurisdictions like Florida, certain steps must be taken to preserve objections, including those related to pretextual peremptory challenges. read more
December 17, 2014 11:16 AM | Posted by Christine Davis Graves and Zachary D. Ludens | Permalink

Preservation of Error TipsA recent decision from the Indiana Supreme Court reminds us why it is so important to know the particular rules of your jurisdiction when preserving error during jury selection.

In Oswalt v. State, 19 N.E.3d 241 (Ind. 2014), during voir dire, Oswalt asserted a cause challenge to one juror which was denied.  At that point, the defendant only had one preemptory challenge left and he chose to use it on a different juror who had not been challenged for cause.

On appeal, Oswalt challenged the trial court’s denial of his cause challenge. The state responded that Oswalt had waived his right to challenge that ruling because he had not used his final peremptory challenge to challenge the same juror who he had attempted to strike for cause.

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