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Washington Supreme Court hears challenge over juror bias standard in State v. Smith
Summary
At a May 16 traveling session in Sunnyside, the Washington Supreme Court heard arguments over whether juror 27’s voir dire answers showed a probability of actual bias and whether seating such a juror requires reversal; counsel debated deference to the trial judge and whether exhaustion of peremptory challenges affects review.
The Washington Supreme Court heard oral argument May 16 in State of Washington v. Nathan Smith, a case that asks when a juror’s statements during voir dire rise to actual bias and require a trial judge to remove the juror.
May it please the court, Matthew Pittman, a deputy prosecuting attorney with Snohomish County, argued for the state that appellate courts must respect a trial judge’s ability to assess demeanor and nuance and that precedent requires a showing of a probability of actual bias, not just a possibility. "What this case concerns is how do we determine when a juror is biased?" Pittman told the bench.
Kate Huber, appearing for the respondent through the Washington Appellate Project, said juror 27 repeatedly indicated she might "go along with…
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