Wednesday, May 24, 2006

Motion to Limit Qualification of Jurors

This just worked for me. Needless to say Defense counsel was not happy. I have filed this Motion in the last half dozen cases, and a Judge just ruled in my favor:


Plaintiff files the following Motion and states:

Plaintiff respectfully requests that the Court, during the course of the questioning of any veniremen, prohibit the Defendant or the Court itself from asking any potential juror if he or she can be “fair” in deliberations of the pending matter.

Plaintiff submits that a venireman cannot be the judge of his or her own fairness. Asking a juror a question of whether or not he/she is “fair” will in each instance result in a “yes” answer. Insistence upon asking a venireman such a question will ultimately result in the denial of an opportunity to exercise a challenge for cause, if such an issue arises. The use of a “fairness” question will thus result in the denial of a right to trial by jury of one’s peers. Curry v. State, 336 S.E.2d 762 (Ga. 1985).

**I don't use any other cases, and argue common sense. If anyone else uses it and has success with it, please let me know.