Appellate Review of Jury Selection Issues: A long hike in rocky terrain

Kevin G. Henry published the following review of jury selection issues in the KBA Appellate Advocacy Section in September 2021.

Read the full article here: Appellate Review of Jury Selection Issues: A long hike in rocky terrain.

Choosing a fair and impartial jury requires meticulous examination of prospective jurors for challenges. And if a challenged juror is not dismissed, Kentucky’s preservation of error requirements create an appellate trap for the unwary lawyer. This summary of modern case law first addresses general principles regarding juror qualifications, then some examples of challenges for bias or lack of qualification, and finally, preservation of challenges that are not granted by the trial court and the standards of appellate review. Although juror qualification issues are raised on appeal more frequently in criminal cases than civil cases, the same principles apply.

An experienced and successful business litigation attorney, Kevin is AV Preeminent® Peer Review Rated by Martindale-Hubbell® and has been named Lexington “Lawyer of the Year” by Best Lawyers in America® in Banking & Finance Litigation (2013, 2021), Trusts & Estates Litigation (2012, 2022), and Bankruptcy Litigation (2016), to Best Lawyers in those categories plus Employment Litigation, and to Kentucky Super Lawyers®: Business Litigation.

Kevin has served as a Kentucky Bar Association Appellate Advocacy Section Officer (2017-2021), is a member of the American Bar Association: Business Law Section; Real Property, Probate & Trusts Section and the Defense Research Institute, and spent two terms on the 22nd Judicial Nominating Commission, Kentucky Court of Justice.

Co-author Jamie K. Neal of Burke Neal, PLLC in Louisville, has a fulltime appellate practice and also provides trial-level briefing and strategic assistance for case development.