State of West Virginia v. Roy Dale McKean, 14-0437

On November 2, 2013, McKean led a high-speed motorcycle pursuit after a trooper attempted a traffic stop; the chase and crash were captured on trooper's dash camera. A duffel bag found near the motorcycle contained methamphetamine-making materials.
A grand jury indicted McKean on eight counts; trial began February 10, 2014.
During general voir dire a prospective juror (a deputy sheriff) said he believed he had once arrested McKean; the court removed that deputy from the pool.
McKean moved for a new jury pool; the trial court denied the motion, gave a curative instruction, and offered individual voir dire; defense declined further questioning.
The deputy did not serve on the jury. The jury convicted McKean on seven counts (one count was nolle prossed). The circuit court sentenced him to 7–15 years; McKean appealed only the denial of his motion for a new jury pool.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in denying motion for new jury pool after a prospective juror (deputy sheriff) said he once arrested defendant	The State: curative instruction and removal sufficed; no evidence of prejudice	McKean: the deputy’s statement tainted the entire panel and warranted a new pool	The court affirmed: no abuse of discretion; curative instruction sufficed, no juror indicated bias, deputy did not serve, and defense declined individual voir dire

McDougal v. McCammon, 193 W. Va. 229, 455 S.E.2d 788 (W. Va. 1995) (abuse of discretion standard for reviewing procedural rulings)
State v. Peacher, 167 W. Va. 540, 280 S.E.2d 559 (W. Va. 1981) (right to impartial jury and meaningful voir dire)
State v. Phillips, 194 W. Va. 569, 461 S.E.2d 75 (W. Va. 1995) (presence of biased prospective juror who does not serve does not necessarily violate right to impartial jury)
State v. Finley, 177 W. Va. 554, 355 S.E.2d 47 (W. Va. 1987) (defendant’s right to individual voir dire)
State v. Miller, 197 W. Va. 588, 476 S.E.2d 535 (W. Va. 1996) (no error where defendant declines additional voir dire to show juror bias)
State v. Sprigg, 103 W. Va. 404, 137 S.E. 746 (W. Va. 1927) (standard for reversing jury verdicts on factual grounds)
State v. Easton, 203 W. Va. 631, 510 S.E.2d 465 (W. Va. 1998) (reaffirming standard for not disturbing jury fact findings)