OSWALT v. STATE

No. 35S02-1401-CR-10.

19 N.E.3d 241 (2014)

Gary Wayne OSWALT, Appellant (Defendant), v. STATE of Indiana, Appellee (Plaintiff).

Supreme Court of Indiana.

October 22, 2014.


Attorney(s) appearing for the Case

Paul Stephen Miller , Fort Wayne, Indiana, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Angela N. Sanchez , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


RUSH, Chief Justice.

Under Indiana's "exhaustion rule," parties may seek appellate review of for-cause challenges to prospective jurors only if they have exhausted their peremptory challenges. But what if they use their last peremptory challenge for its traditional purpose of striking a candidate they consider undesirable, instead of using it to cure the trial court's refusal to strike an allegedly incompetent one for cause? The State argues that doing...

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