Court Urges Trial Courts to Stage Striking of Jury Panels

Jury Issues/Selection Bookmark and Share
September 7, 2010

The Indiana Court of Appeals today issued a decision in Hatter v. Pierce Manufacturing, Inc., 934 N.E.2d 1160 (Ind. Ct. App. 2010), Case No. 49A02-0907-CV-659, which dealt with the jury selection process and how potential error is preserved for appeal. In that decision, the Court encouraged trial courts to make the entire jury panel available first for for-cause challenges and then for peremptory strikes.
Lessons:
  1. It is easier to preserve error in the denial of for-cause challenges to a juror if the trial court makes the entire panel available first for for-cause challenges and then for peremptory strikes and the Court of Appeals has encouraged courts to adopt this method of selection.

UPDATE
The Indiana Supreme Court denied transfer in this case on February 9, 2011.

Brad A. Catlin
Price Waicukauski & Riley, LLC
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