STATE v. CHO

No. 46254-7-I.

30 P.3d 496 (2001)

STATE of Washington, Respondent, v. Kenny H. CHO, Appellant.

Court of Appeals of Washington, Division 1.

Reconsideration Denied November 1, 2001.


Attorney(s) appearing for the Case

Eric Broman, John Eric Gibson, Seattle, for Appellant.

Daniel Jason Clark, Seattle, for Respondent.


BECKER, A.C.J.

This case arises from a juror's failure to disclose during voir dire that he was a retired police officer. A presumption of bias arises when a juror deliberately withholds material information in order to be seated on a jury. We remand for an evidentiary hearing. Unless the trial court finds facts refuting the implication of bias, the defendant is entitled to a new trial.

On an August evening in 1999, four members of a gang were riding in a...

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