Division II: Dismissing Potential Juror Pre-Voir Dire No Reprieve for Murderer
Miller did very bad things. During his trial for doing said very bad things, a juror was accidentally present during some pretrial issues. The juror was dismissed. Miller sought a new trial, claiming the dismissal of the juror violated his right to be present at critical trial stages and his right to a public trial. However, while voir dire was historically opened the public, dismissing potential jurors before voir dire can began has historically not been a public trial right. For example, court clerks can dismiss jurors before they even get to the courtroom. Bailiffs can dismiss ill jurors before border begins.
Further, it wouldn’t it made a difference. “The fact that the motions were deliberately held outside the prospective jurors’ presence shows that the trial court and the parties believed it would prejudice the jurors to hear the information. For this reason, both Council quickly stipulated the church when he ate should be dismissed. Further, Miller has not made any attempt to explain how juror 28 what have been allowed to remain on his jury under the circumstances."