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22-3410. Challenges for cause. (1) Each party may challenge any prospective juror for cause. Challenges for cause shall be tried by the court.

(2) A juror may be challenged for cause on any of the following grounds:

(a) He is related to the defendant, or a person alleged to have been injured by the crime charged or the person on whose complaint the prosecution was begun, by consanguinity within the sixth degree, or is the spouse of any person so related.

(b) He is attorney, client, employer, employee, landlord, tenant, debtor, creditor or a member of the household of the defendant or a person alleged to have been injured by the crime charged or the person on whose complaint the prosecution was instituted.

(c) He is or has been a party adverse to the defendant in a civil action, or has complained against or been accused by him in a criminal prosecution.

(d) He has served on the grand jury which returned the indictment or on a coroner's jury which inquired into the death of a person whose death is the subject of the indictment or information, or on any other investigatory body which inquired into the facts of the crime charged.

(e) He was a juror at a former trial of the same cause.

(f) He was a juror in a civil action against the defendant arising out of the act charged as a crime.

(g) He was a witness to the act or acts alleged to constitute the crime.

(h) He occupies a fiduciary relationship to the defendant or a person alleged to have been injured by the crime or the person on whose complaint the prosecution was instituted.

(i) His state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he can act impartially and without prejudice to the substantial rights of any party.

(3) All challenges for cause must be made before the jury is sworn to try the case.

History: L. 1970, ch. 129, ยง 22-3410; July 1.

Source or Prior Law:

62-1404, 62-1405, 62-1406, 62-1407, 62-1408, 62-1409, 62-1410, 63-308.

Law Review and Bar Journal References:

Discussed in survey of criminal procedure, Cynthia Hartman, 15 W.L.J. 350, 353 (1976).

"Excluding Death Penalty Opponents from Capital Juries: Witt, Witherspoon, and the Impartial Juror," Steven K. Linscheid, 34 K.L.R. 149 (1985).

"Whatever Happened to the Peremptory Challenge?" Edward V. Byrne, 63 J.K.B.A. No. 7, 18, 20 (1994).

"Peremptory Challenge by Blind Questionnaire: The Most Practical Solution for Ending the Problem of Racial and Gender Discrimination in Kansas Courts While Preserving the Necessary Function of the Peremptory Challenge," Jeb C. Griebat, XII Kan. J.L. & Pub. Pol'y, No. II, 323 (2003).

CASE ANNOTATIONS

1. Error in overruling challenge of juror for cause not ground for reversal when juror does not sit in case and when accused is not prejudiced thereby. State v. Sagebiel, 206 Kan. 482, 483, 480 P.2d 44.

2. Person merely serving on panel of prospective jurors not disqualified. State v. Carpenter, 215 Kan. 573, 576, 577, 527 P.2d 1333.

3. Determining whether prospective juror should sit within discretion of trial court. State v. Nix, 215 Kan. 880, 883, 529 P.2d 147.

4. Refusal to remove sheriff from jury panel for cause not reversible error. State v. Mahkuk, 220 Kan. 74, 75, 551 P.2d 869.

5. No abuse of discretion in failing to disqualify jurors for cause. State v. Sanders, 223 Kan. 273, 274, 275, 574 P.2d 559.

6. Applied; requesting of jurors that state be given fair trial not error. State v. Stuart and Jones, 223 Kan. 600, 603, 575 P.2d 559.

7. Conviction of aggravated robbery affirmed; no error in refusal to strike members of jury panel where no reason hereunder is shown. State v. Taylor, 225 Kan. 788, 794, 594 P.2d 211.

8. Prospective juror not one of persons contemplated by section; jury selection upheld; conviction of aggravated battery affirmed. State v. Ekis, 2 Kan. App. 2d 658, 660, 586 P.2d 288.

9. Challenges for cause are to be tried to the trial court and decided in the discretion of the trial court; no abuse of discretion; conviction of murder affirmed. State v. Case, 228 Kan. 733, 736, 737, 620 P.2d 821.

10. No error in refusing to strike reluctant juror who stated she could act impartially. State v. Folkerts, 229 Kan. 608, 612, 617, 629 P.2d 173 (1981).

11. Amendment of charge of aggravated robbery to include aggravated assault held multiplicitous. State v. Niblock, 230 Kan. 156, 163, 631 P.2d 661 (1981).

12. Any error in overruling a challenge for cause not ground for reversal when person does not sit as juror and no prejudice is shown. State v. Rainey, 233 Kan. 13, 15, 660 P.2d 544 (1983).

13. Replacement of juror after deliberations begun considered; challenges for cause not incorporated into K.S.A. 22-3412. State v. Haislip, 237 Kan. 461, 467, 701 P.2d 909 (1985).

14. No error in denying new trial where juror ignorant of relationship to victim which was beyond sixth degree. State v. Ruebke, 240 Kan. 493, 508, 731 P.2d 842 (1987).

15. Cited; peremptory challenges of members of defendant's minority race or group examined. State v. Hood, 242 Kan. 115, 116, 744 P.2d 816 (1987).

16. Defendant's failure to use peremptory challenges to strike jurors previously challenged for cause because of information regarding prior conviction examined. State v. Mayberry, 248 Kan. 369, 382, 807 P.2d 86 (1991).

17. Discretion of trial court in denying challenges for cause of prospective jurors examined. State v. Dixon, 248 Kan. 776, 788, 811 P.2d 1153 (1991).

18. Rights to fair and impartial jury and to confront witnesses when juror acquainted with defendant and witness examined. State v. Turley, 17 Kan. App. 2d 484, 486, 840 P.2d 529 (1992).

19. Factual situation sustaining challenge for cause examined; discretion of trial court noted. State v. Johnson, 253 Kan. 75, 85, 853 P.2d 34 (1993).

20. Trial court denial of mistrial based on false statement by juror during voir dire not an abuse of discretion. State v. Zamora 263 Kan. 340, 349, 949 P.2d 621 (1997).

21. Jurors can be excluded from jury service when their religious beliefs make it impossible to act in conformance with impartiality under the rule of law. State v. Carr, 300 Kan. 1, 112, 331 P.3d 544 (2014).


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