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Jury Strikes Cases Summarized By Accident Lawyer

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Jury Strikes.  For more information on juries see the pages on Wikipedia.

Jury Strikes-Cases

2010 Roberts v. CSX Transp., Inc., 279 Va. 111, 688 S.E.2d 178.
In this FELA claim, trial court improperly refused to strike a potential juror who was a long time stockholder of the defendant railroad thereby forcing the plaintiff to use a peremptory challenge. Judgment is reversed and case remanded for new trial.

2009 Robert M. Seh Co. v. O’Donnell, 277 Va. 599, 675 S.E.2d 202.
Trial court erred in allowing juror to remain on panel where juror had expressed concern about his ability to remain impartial and that statement by the juror that he was partial had never been overcome.

2000 Cantrell v. Crews, 259 Va. 47, 523 S.E.2d 502.

Trial court erred in refusing to strike juror in motor vehicle accident case where juror was client of plaintiff’s attorney. Trial court’s decision on issue of whether to retain or exclude prospective juror will be affirmed unless there has been manifest error amounting to abuse of discretion.

1997 Coleman v. Hogan, 254 Va. 64, 486 S.E. 2d 548.

Defendant improperly struck juror in violation of Batson. Juror was then reseated and defendant exercised peremptory strike as to same juror. This was improper and should not have been allowed.

1994 Hill v. Berry, 247 Va. 271, 441 S.E.2d 6.

Jury venire consisted of ten whites and three blacks. Defense struck all black members. Burden then shifted to defense to show racially neutral reason for strikes. Defense counsel’s explanation was that strikes were based on intuition. Burden of proof not satisfied and as such removal of any one was reversible error.

1992 Faison v. Hudson, 243 Va. 397, 417 S.E.2d 305.

Jury strikes. Race-based peremptory challenges in civil case prohibited. To establish prima facie case of discrimination, moving party must establish: (1) he is member of cognizable racial group and that opposition has exercised peremptory challenges to remove members of that party’s race, (2) facts raise inference that discriminatory practice used to exclude members on account of race. Trial court had noted that opponent in this case failed to advance racially-neutral reason for exclusion.

1992 Edlow v. Arnold, 243 Va. 345, 415 S.E.2d 436.

Plaintiff made mistake in peremptory strike of juror and requested opportunity to alter. Trial court refused. This did not violate constitutional right to jury trial.

1957 Burks v. Webb, 199 Va. 296, 99 S.E.2d 629.

Objections to qualifications of juror were raised too late.

1950 Davis v. Webb, 190 Va. 997, 59 S.E.2d 116.

Jury strikes. It is too late after verdict to object to competency of juror except upon ground of prejudice.

 

 

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Jury Strikes Cases Summarized By Accident Lawyer

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