State v. James Cudd, 326 P.3d 417

Cudd was convicted in Big Horn County of Sexual Intercourse without Consent under § 45-5-503, MCA.
The State alleged a ongoing sexual relationship with his stepdaughter, D.F., from 2006–2010, starting when she was 12.
Trial occurred May 21, 2012.
During voir dire, juror M.R. disclosed her daughter had suffered sexual violence and expressed bias toward the victim.
The court denied M.R.’s challenge for cause; the defense used all peremptories to excuse other jurors, including M.R., and Cudd was ultimately convicted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the District Court abuse its discretion denying a challenge for cause against a juror with a daughter who was a sexual-violence victim?	Cudd argues M.R.’s bias denied fair impartiality.	State contends M.R. could be impartial despite concerns.	No abuse; court properly weighed totality of circumstances and affirmed potential impartiality.

State v. Allen, 2010 MT 214 (2010 MT) (impartial jury right; district court deference in voir dire)
State v. Johnson, 2014 MT 11 (2014 MT) (abuse of discretion standard for challenged jurors; credibility of juror statements)
State v. Golie, 2006 MT 91 (2006 MT) (totality of circumstances; juror bias evaluation)
State v. Crosley, 2009 MT 126 (2009 MT) (conflicting juror statements; court’s discretion in ruling on cause challenges)
State v. Jay, 2013 MT 79 (2013 MT) (spontaneous statements given more weight in voir dire)