MERRITT v. EVANSVILLE-VANDERBURGH SCHOOL CORP.

No. 82S01-0102-CV-98.

765 N.E.2d 1232 (2002)

Nina MERRITT, Individually and as Next Friend and Natural Mother of Kristin Alexander, and Kristin Alexander, Individually, Appellants (Plaintiffs Below), v. EVANSVILLE-VANDERBURGH SCHOOL CORPORATION, Appellee (Defendant Below).

Supreme Court of Indiana.

April 5, 2002.


Attorney(s) appearing for the Case

Stephen Hensleigh Thomas, Daniel A. Barfield, Evansville, IN, for Appellants.

Shannon L. Robinson, Bloomington, IN, for Appellee.


SHEPARD, Chief Justice.

The question is whether a party who unavailingly challenges a prospective juror for cause and then passes up the chance to use a peremptory to strike that juror may later seek retrial based on the court's failure to grant the challenge for cause. Indiana's historic reply, like that of a good many other jurisdictions, has been "no." After examining the available alternative policies, we conclude...

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