SER Michael W. Parker, Prosecuting Attorney v. Hon. Thomas H. Keadle, Judge

No. 14-0970 – State of West Virginia, ex rel Michael W. Parker, Prosecuting Attorney for
Randolph County, West Virginia v. The Honorable Thomas W. Keadle, Judge, et al.
FILED
June 10, 2015
RORY L. PERRY II, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA
Ketchum, Justice, dissenting:
Judge Keadle was correct in granting a new trial because Juror Campbell was
not stricken from the jury panel for cause. The jury questionnaire asked Juror Campbell if
she had formed an opinion of the defendant’s guilt. She answered, “. . . this person must
have done something” meaning something wrong. She had formed an opinion before
hearing the evidence.
The juror’s answer was clear. It was not inconclusive or vague. When a
prospective juror makes a clear statement of bias during voir dire, the prospective juror is
automatically disqualified and must be removed from the jury panel for cause. Syl. Pt. 8,
State v. Newcomb, 223 W.Va. 843, 679 S.E.2d 675 (2009).
Therefore, I dissent.