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STATE v. TYLER

821 A.2d 1139 (2003)

176 N.J. 171

STATE of New Jersey, Plaintiff-Respondent, v. Craig TYLER, a/k/a Craig D. Tyler, Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 13, 2003.

Attorney(s) appearing for the Case

Alan I. Smith, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Teresa A. Blair, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Acting Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by COLEMAN, J.

The critical issue raised in this appeal is whether the trial court erred in not excusing a juror based on juror prejudice either before or after the jury had been sworn. The trial court found that although the juror was unfit to serve based on prejudice and bias, the juror should not be excused until she had served one day because the court believed the juror had tried to avoid jury duty in a two-day trial. The...

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