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State of Iowa
v.
Duval Tremont Walker, Jr.
Appellee
State of Iowa
Appellant
Duval Tremont Walker, Jr.
Attorney for the Appellee
Joseph D. Ferrentino, Assistant Attorney General
Attorney for the Appellant
Kent A. Simmons
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, The Honorable Kevin McKeever, Judge. REVERSED AND REMANDED FOR A NEW TRIAL. Heard at oral argument by Tabor, C.J., and Badding and Sandy, JJ. Opinion by Tabor, C.J. Special concurrence by Sandy, J. Dissent by Badding, J. (24 pages)
A defendant appeals his convictions for murder and going armed with intent. He contends the district court abused its discretion in failing to grant his for-cause challenge regarding a jury member who knew of his prior guilty plea to being a felon in possession of a firearm. OPINION HOLDS: Because we find the juror had actual bias under Iowa Rule of Criminal Procedure 2.18(5)(o), we reverse and remand for a new trial. SPECIAL CONCURRENCE ASSERTS: I concur in result but concur separately to emphasize that when a juror’s continued service requires their suppression of information the law forbids the jury to hear, the error is not cured by that juror’s promise “not to tell the other jurors.” DISSENT ASSERTS: Rule 2.18(5)(o) is concerned with actual bias—and that is lacking here. Because R.L. expressed no actual bias against Walker, and the circumstances did not otherwise indicate R.L. could not remain impartial, I would defer to the district court’s privileged position to determine R.L.’s fitness for jury service. I would also affirm the district court’s findings on the other two issues Walker raises in this appeal.
