consider ways in which to improve the challenge for cause
, rather than
103) The CAAF held the military judge erred in denying defense counsel's challenge for cause
by relying solely on the panel member's disclaimers during voir dire, and that the military judge should have presumed bias based on these factors.
39) Moreover, the appellate courts have charged the trial courts with the obligation to rehabilitate a juror who has responded to voir dire questions in a manner that would sustain a challenge for cause
if no party attempts to rehabilitate the prospective juror and the trial court seats the juror.
142) Moreover, an erroneous denial of a challenge for cause
resulted in automatic reversal if the defendant subsequently exhausted his peremptory challenges.
117) Most importantly, however, the fact that the improper application of the liberal grant mandate to a challenge for cause
would trigger a separate, even less deferential, standard of review than the one used for implied bias challenges completed the liberal grant mandate's transformation into a rule of law.
Regardless of whether the question arises from a challenge for cause
or a peremptory challenge, a voir dire issue is not preserved for appeal unless the trial lawyer again objects to the entire jury immediately before it is sworn.
Though this requirement imposes a limitation in some cases on the full peremptory character of the historic challenge, we emphasize that the prosecutor's explanation need not rise to the level justifying exercise of a challenge for cause
134) A challenge for cause
under RCM 912(f)(1)(N) encompasses both actual and implied bias.
And then the court attempted to weave its rule into the fabric of a trial, somewhere between challenge for cause
and peremptory challenge.
In order to avoid this dilemma as well as the issue, the court seems to imply that when confronted with any defense challenge for cause
, the military judge must recognize and apply the liberal grant mandate, even in absence of a specific implied bias challenge by the trial defense counsel.
In Leonard, a contested rape case, the military judge denied defense's challenge for cause
against two panel members: Lieutenant Colonel (LTC) D, whose own daughter had been raped five years earlier; and Captain (CPT) P, who frequently interacted with the alleged rape victim.
Rule for Courts-Martial 912(f)(1)(N) allows for a challenge for cause
on the following two grounds: (1) actual bias and (2) implied bias.