Merritt v. Evansville-Vanderburgh School Corp.

Summary

The Indiana Supreme Court held that a party waives a claim based on the denial of a challenge for cause when the party had an available peremptory challenge but did not use it to remove the challenged juror. Merritt had sufficient peremptory challenges to remove the jurors at issue but did not do so, and the court therefore affirmed the trial court's judgment without reaching the merits of the alleged juror bias.

Holdings

1. A claim of error arising from the denial of a challenge for cause is waived unless the appellant uses available peremptory challenges to remove the challenged juror or jurors.
2. An appellant must show that an objectionable juror served because the appellant used a peremptory challenge to cure an erroneous denial of a challenge for cause and that the appellant was unable to remove another objectionable juror because the appellant exhausted the available peremptory challenges.

Questions Presented

1. Whether a party waives a claim that the trial court improperly denied a challenge for cause by failing to use an available peremptory challenge to remove the challenged juror.
2. What showing is required under Indiana law to preserve and obtain a new trial based on the denial of a challenge for cause.

Disposition

affirmed