State v. Huff

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Huff was tried for first-degree sexual assault. After voir dire, 12 regular jurors and one alternate were sworn in. The next day, juror M.F., communicated that he was anxious about serving and discussed the issue with the court and parties. M.F. explained that his upbringing included crime, gangs, drugs, and domestic assault. He did not think he was “suitable.” M.F. ultimately agreed to follow the law, stating that he believed he could impartially make a decision based on the evidence. The judge rejected the state’s motion to strike M.F. for cause. After both parties rested and the jury was excused for the day, the court indicated that M.F. had not paid attention during trial. The state submitted a printout, showing more than 30 misdemeanor convictions M.F. had not disclosed on his jury questionnaire. Huff objected. The court determined that it had sufficient cause to discharge M.F. without examining him. Huff unsuccessfuly moved to “strike” other jurors, presenting evidence that they had also been dishonest. The alternate juror was seated. The jury returned a guilty verdict. The Nebraska Supreme Court affirmed, holding that the dismissal was a “discharge,” Neb. Rev. Stat. 29-2004(2). Under the totality of the circumstances, the court did not abuse its discretion: M.F. stated that he did not think he was suitable, the court observed M.F. to be inattentive, and M.F. failed to disclose his criminal record, which included convictions for crimes other than traffic offenses. View "State v. Huff" on Justia Law