Perspective
Mar. 16, 2017
Door opens to reversing no-impeachment rule
The interest in preserving the frank discussion of jurors should not protect the expression of bias we would not permit elsewhere. So Kennedy opens the door, yet Alito walks us through it. By Jeffrey A. Aaron
Jeffrey A. Aaron
Public Defender
Mendocino County Public Defender's Office
3801 University Ave Ste 700
Riverside , CA 92501
Phone: (951) 276-6346
Fax: (951) 276-6368
Email: Jeffrey_Aaron@fd.org
Rutgers Univ SOL; Camden NJ
Jeffrey is a certified specialist in criminal law by the State Bar of California Board of Legal Specialization.
The U.S. Supreme Court rarely reverses a decades-old rule, and even more rarely does the dissent most accurately express the impact of the new rule. But that is what happened in Pena-Rodriguez v. Colorado, 2017 DJDAR 2037 (March 6, 2017).
Pena-Rodriguez was tried in 2007 for sexual offenses. Asked in voir dire if there was any reason why they might not be impartial, no jurors spoke out. When discharging the jury,...
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