Kim v. Walls, 275 Ga. 177

Summary

The Supreme Court of Georgia affirmed the Court of Appeals' determination that the trial court abused its discretion by qualifying a prospective juror who acknowledged partiality arising from her professional relationship with the defendant. The court held that when a juror's relationship with a party suggests bias, the trial court must conduct voir dire adequate to determine impartiality and must allow counsel broad latitude to develop evidence of bias. The court rejected any per se rule excluding jurors with employment relationships to parties and affirmed the judgment.

Holdings

1. When a prospective juror has a relationship with a party that suggests bias, the trial court must conduct voir dire of sufficient scope and depth to ascertain partiality, and counsel must be given broad latitude to develop competent evidence of bias. A single rehabilitation question cannot substitute for adequate inquiry. The trial court abused its discretion by curtailing questioning and qualifying the juror.
2. The decision does not establish a categorical or per se rule requiring exclusion of every prospective juror who has an employment relationship with a party. Trial courts retain broad discretion to determine whether to exclude a juror for cause after conducting adequate inquiry, and the burden of proving partiality remains on the party seeking disqualification.

Questions Presented

1. Whether the trial court abused its discretion by qualifying a prospective juror who expressed partiality toward the defendant without permitting adequate voir dire concerning the juror's bias.
2. Whether the Court of Appeals' decision created a per se rule requiring exclusion of all jurors who have an employment relationship with a party.

Disposition

affirmed