Glover v. State ( 2001 )

Benham, Justice,

concurring specially.

I concur fully in Division 1 of the majority opinion in this case, and in the holding in Division 2 that Glover has not adequately shown that juror Wise failed to answer honestly a question regarding his experience in law enforcement. I cannot, however, concur in the rest of Division 2 because I harbor serious doubts about the validity of the second half of the standard employed by the majority, the requirement that “a correct response would have provided a valid basis for a challenge for cause.” That standard sets the stage for defendants being deprived of the valuable right to make peremptory challenges because it leaves a defendant without a remedy when false answers on voir dire conceal information on which a peremptory challenge would have been based. Therefore, I am unable to concur with the portion of the majority opinion applying that questionable standard.

I am authorized to state that Justice Hunstein joins this concurring opinion.