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STRIKES FOR CAUSE, EXAMPLES
THE ADVOCATE Volume 30, No. 1 January 2008
Juror Fails to Meet Statutory Qualifications – The factors which disqualify a person for jury
service are set forth in KRS 29A.080(2)(g) and 29A.130. Counsel may particularly wish to ask if
any jurors have served on a grand jury within the last 24 months prior to their current term of
service on the petit jury (the disqualification period used to be 12 months). See, e.g. Musgrove
v. Commonwealth, 2006 WL 3333351 (Ky.App.2006), unpublished.
Juror Has Formed Opinion Regarding Guilt - Neace v. Commonwealth, 230 S.W.2d 915
(Ky.1950), Montgomery v. Commonwealth, 819 S.W.2d 713 (Ky.1992), Thompson v.
Commonwealth, 862 S.W.2d 871, 875 (Ky.1993).
Juror Has Trouble Accepting Legal Principles - Juror demonstrated a serious problem accepting
the concepts of a defendant’s right to remain silent, the burden of proof, and the presumption
of innocence. Humble v. Commonwealth, 887 S.W.2d 567 (Ky.App.1994). See also Hayes v.
Commonwealth, 175 S.W.3d 574 (Ky.2005), for a full discussion.
The following is meant to be illustrative but not exhaustive.
Juror Has A Close Relationship With a Party:
• Juror discussed the case with a relative of the victim. Thompson v. Commonwealth, 862
S.W.2d 871, 875 (Ky.1993).
• Married to a person who was a second or third cousin of the victim. Marsch v.
Commonwealth, 743 S.W.2d 830 (Ky.1987).
• First cousin to victim. Pennington v. Commonwealth, 316 S.W.2d 221 (Ky.1958).
• Juror’s mother was a first cousin to victim’s mother. Leadingham v. Commonwealth, 201
S.W. 500 (Ky.1918).
• Juror’s wife was a second cousin of defendant. Smith v. Commonwealth, 734 S.W.2d 437
(Ky.1987).
• But see George v. Commonwealth, 885 S.W.2d 938 (Ky.1994), where the Court held that no
error occurred when the trial court allowed a juror to remain on the jury after she realized
during testimony that she was the victim’s third cousin.
Juror Has A Close Relationship With a Witness:
• Juror’s being related to and living in the same rural area of the county with the complaining
witness’s boyfriend, and being married to boyfriend’s cousin, may have justified a challenge
for cause. Anderson v. Commonwealth, 864 S.W.2d 909, 911 (Ky.1993).
• Where juror, an investigative social worker, was employed by CHR, the same organization
with which a key Commonwealth witness was employed, and was assigned to the same
unit as two key Commonwealth witnesses, it was an abuse of discretion to fail to excuse
the juror for cause. Alexander v. Commonwealth, 862 S.W.2d 856, 864 (Ky.1993), overruled
on other grounds.
• Juror knew both the Commonwealth Attorney and the chief investigating officer in the
crime. Thompson v. Commonwealth, 862 S.W.2d 871, 875 (Ky.1993).
• Juror was a friend of the chief investigating officer. Thompson v. Commonwealth, 862
S.W.2d 871, 875 (Ky.1993).
• Juror was the brother of a sheriff who was active in the prosecution of the case. Hayes v.
Commonwealth, 458 S.W.2d 3 (Ky.1970).
• First cousin to a key prosecution witness. Sanborn v. Commonwealth, 754 S.W.2d 534
(Ky.1988).
• Wife of the arresting police officer. Calvert v. Commonwealth, 708 S.W.2d 121 (Ky.1986).
• Juror who played little league baseball and went to high school with a witness for the
prosecution ten years before trial, but who denied any continuing social relationship with
the witness, had to be excused for cause in prosecution for murder and burglary, where
witness appeared ambivalent as to whether prior relationship would affect his determinations
of credibility. Fugate v. Commonwealth, 993 S.W.2d 931 (Ky.1999).
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