Not Every Failure to Disclose by Juror is Grounds for Mistrial

 I have discussed in other posts the need for the jury questionnaire to use laymen's English, not legalese.  Likewise, questions must be clear.  This was the case in Davis v. State of Arkansas, 2024 Ark. 49, where after a guilty verdict, defense counsel moved for a new trial on several bases, one being that a juror failed to disclose during void dire that her sister worked for defense counsel.  The argument was that if disclosed, that juror would have been excused for cause and another juror seated, therefore the defendant was denied the right to a fair trial.  The trial court's denial of the new trial motion was upheld by the Supreme Court of Arkansas, reasoning that the juror was never asked if any member of her family was associated with either of the attorneys.  The juror in question had no duty to voluntarily disclose this fact as she was never asked that question.

Several times during void dire I asked the panel whether any of them (22) had ever been sued.  No one raised their hands.  Then I asked if any had been divorced.  About half the panel raised their hands.  They didn't think a divorce case was a lawsuit.  Likewise, often they didn't't think a DWI charge was a criminal offense.