163 Conn.App. 772
Conn. App. Ct.2016Background
- Defendant Jonathan Miller was charged after an altercation following a family court appearance; charged with third‑degree assault, multiple counts of second‑degree breach of the peace, and criminal mischief (later acquitted of some counts).
- Jury selection occurred May 7–8, 2014; six regular jurors selected on day one, voir dire for two alternates the next day.
- Venireperson R.D. disclosed his mother had been a burglary victim and said he might find police testimony "possibly more credible" and that a defendant’s failure to testify "may be a factor" if no other positive evidence existed.
- The trial judge questioned R.D., who affirmed he would apply the same credibility standard to all witnesses and follow court instructions.
- The state accepted R.D.; the defense moved to excuse him for cause but the court denied the challenge; the defense used a peremptory challenge to remove R.D. and did not exhaust peremptory challenges.
- Defendant appealed, arguing denial of the for‑cause challenge required him to use a peremptory and thus violated his right to an impartial jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying a challenge for cause to venireperson R.D. | State: The court properly found R.D. would follow instructions and be impartial. | Miller: R.D. expressed bias favoring police and against a silent defendant, so he should have been excused for cause. | Court affirmed: no need to decide discretionary denial because defendant used a peremptory and did not exhaust peremptory challenges, so no reversible error. |
Key Cases Cited
- State v. Benedict, 158 Conn. App. 599 (discusses constitutional right to an impartial jury)
- Thorsen v. Durkin Development, LLC, 129 Conn. App. 68 (trial judge has broad discretion on juror competency; burden to show actual bias)
- State v. Vitale, 190 Conn. 219 (failure to exhaust peremptory challenges bars relief for denial of challenge for cause)
- State v. Ross, 269 Conn. 213 (same principle regarding exhaustion of peremptory challenges)
- State v. Kelly, 256 Conn. 23 (peremptory exhaustion rule cited)
- State v. Esposito, 223 Conn. 299 (same)
- State v. Smith, 49 Conn. 376 (historical authority on peremptory challenge exhaustion)
- State v. Hoyt, 47 Conn. 518 (same)
- State v. Omar, 136 Conn. App. 87 (applies exhaustion rule)
- State v. Hodge, 248 Conn. 207 (privacy practice for juror initials)