State v. Peckron

In criminal trials, there is a presumption that jurors will abide by the court's instructions. State v. Thompson, 328 Or 248, 271, 971 P2d 879 (1999).

Before dismissing a potential juror for actual bias, the trial court must decide if the juror "can try the case impartially and follow the trial court's instructions." State v. Montez, 309 Or 564, 594, 789 P2d 1352 (1990).

Defendant was convicted of three counts of first degree sexual abuse.  On appeal, Defendant asserted the trial court erred because (1) it omitted jury instruction on the requisite mens rea for sexual contact and (2) denied Defendant's call to strike a juror for "actual bias" during voir dire. (1) The state admitted error in the failure to instruct the jury that the Defendant must "knowingly" subject the victim to sexual contact as an element of the charged offense, but argued the error was harmless as a matter of law because the general jury instruction that sexual contact was committed with a purpose was sufficient for the jury to find the Defendant's made sexual contact with "knowing awareness" of its nature.  The Court agreed the omission was error, but held it was harmless because the general instruction that delineated a "purpose" for the sexual contact was inclusive of the knowing mental state. (2) Defendant argued that failure to excuse the juror for cause resulted in prejudice because he used a peremptory challenge to strike the juror that he might have used on a different juror. Before dismissing a potential juror for actual bias, the trial court must decide if the juror "can try the case impartially and follow the trial court's instructions." State v. Montez, 309 Or 564, 594, 789 P2d 1352 (1990).  The Court found the trial court followed the proper standard to determine actual bias and the court record is legally sufficient to support the lower court’s ruling that the juror was capable of being impartial and following the court’s instructions.  Affirmed.