State v. Wright

A party who wishes to challenge a trial court’s refusal to strike a juror for cause must have exhausted all of their peremptory challenges and must create a record that they were forced to accept an objectionable juror. Lambert v. Srs. of St. Joseph, 277 Or 223, 229, 560 P2d 262 (1977); State v. Megorden, 49 Or 259, 263-64, 88 P 306 (1907).

Defendant appealed his conviction for rape in the first degree. Defendant assigned error to the trial court’s failure to strike a juror for cause. On appeal, Defendant argued there was evidence that the juror was biased. A party who wishes to challenge a trial court’s refusal to strike a juror for cause must have exhausted all of their peremptory challenges and must create a record that they were forced to accept an objectionable juror. Lambert v. Srs. of St. Joseph, 277 Or 223, 229, 560 P2d 262 (1977); State v. Megorden, 49 Or 259, 263-64, 88 P 306 (1907). The Court found that even though Defendant had used all of his peremptory challenges, he had not created a sufficient record. Affirmed.