Missouri Court’s Decision will Affect Jury Selection in Criminal Cases

By September 14, 2016 May 17th, 2019 Missouri Law, Missouri Law News
Missouri Court of Appeals Eastern District

Missouri Court of Appeals Eastern District
Yesterday, the Missouri Court of Appeals, Eastern District issued an important opinion regarding jury selection. In this medical malpractice case, a potential juror expressed a bias in favor of one of the parties. The Court held that when a potential juror indicates a bias and is not asked specific follow-up questions to clearly show that the juror will be impartial to both sides, it is error for that potential juror to sit on the jury and decide the case. Although the case was a civil medical malpractice action, the Court’s decision will also affect jury selection in criminal cases.


Missouri Court of Appeals, Eastern District

Thomas v. Mercy Hospitals East Communities, ED103338.
Appeal from the Circuit Court of Franklin County, Missouri

Honorable Gael D. Wood

Filed: September 13, 2016


For the reasons stated above, we reverse the judgment of the trial court and remand for a new trial.

James M. Dowd, Presiding Judge
Kurt S. Odenwald, J. and
Gary M. Gaertner, Jr., J., concur.

Missouri Court of Appeals, Eastern District
One Post Office Square
815 Olive Street, Room 304
St. Louis, Missouri 63101

Erica Mynarich

Author Erica Mynarich

Erica Mynarich primarily represents people charged with crimes in federal court and in Missouri state courts. Erica has extensive training in trial advocacy, including Gerry Spence’s three-week Trial Lawyers College in Wyoming and the Trial Lawyers College’s graduate program. In 2016, Erica Mynarich was honored for her excellence in trial work by receiving the Missouri Bar Foundation’s Lon O. Hocker award.

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