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Clark v. State

The trial court properly refused to remove for cause a prospective juror who was represented in his divorce action by the law office of a part-time county solicitor who did not participate in the defendant's trial.

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Harvey Clark appeals his convictions for Driving Under the Influence and Driving on the Wrong Side of the Road. He contends the trial court erred in failing to dismiss for cause a juror who was being represented in a divorce action by the law office of the part-time county solicitor. The solicitor did not participate in the trial of Clark’s case. Under the circumstances of this case, we find no manifest abuse of the trial court’s discretion and affirm.

” ‘Whether to strike a juror for cause is within the discretion of the trial court and the trial court’s rulings are proper absent some manifest abuse of discretion.’ Cit.”1 “ Before a juror is excused for cause, it must be shown that he or she holds an opinion of the guilt or innocence of the defendant that is so fixed and definite that the juror will not be able to set the opinion aside and decide the case based upon the evidence or the court’s charge upon the evidence. Cits.”2 ” ‘A conclusion on an issue of bias is based on findings of demeanor and credibility which are peculiarly in the trial court’s province, and those findings are to be given deference.’ Cit.”3

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