State v. Ho
Annotate this CasePetitioner Patrick Ho was convicted of first degree sexual assault and third degree sexual assault. Petitioner appealed, arguing (1) the circuit court's refusal to disqualify two jurors who were sexually assaulted as teenagers compelled him to use two of his three peremptories to remove the jurors from the jury panel, and (2) the court erroneously removed two other jurors for cause at Respondent's request after Petitioner exercised all of his peremptories, based on identical grounds urged by the State before the parties exercised their peremptory challenges. The Supreme Court vacated the judgment of conviction and sentence, holding that under the circumstances here, the circuit court plainly erred when during jury selection it removed two jurors for cause on the motion of the State after the jury panel already had been passed for cause and Petitioner and the State had already exhausted their peremptory challenges. Remanded for a new trial.
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