§612-7 Excused when, for cause. A
prospective juror shall not be excused by a court for slight or trivial cause,
but only when it appears that jury duty would entail a serious personal
hardship, or that for other good cause the prospective juror should be
excused either temporarily or otherwise. [L 1973, c 191, pt of §1; gen ch 1985;
am L 2007, c 122, §4]
Case Notes
Order excusing a juror from further duty is in the discretion
of the court and cannot be reversed by mandamus. 13 H. 332 (1901); 21 H. 66
(1912).
Where prospective juror was prosecutor currently employed by
same office as prosecutor trying the defendant, court shall imply bias as a
matter of law and dismiss prospective juror for cause. 86 H. 195, 948 P.2d
1036 (1997).
Blood relationship between juror's and defendant's families
was not "slight or trivial cause"; thus, it was within court's
discretion to excuse juror for cause. 93 H. 344 (App.), 3 P.3d 510 (2000).
Notes of Decisions
Cited in
5
cases, 1997–2018 · leading case:
State v. Mara, 41 P.3d 157 (Haw. 2002).
State v. Mara, 41 P.3d 157 (Haw. 2002).
· cites it 12× “HRS §§ 612-7 (1993) and 612-14(b). Names of those persons qualified and not excused are placed in the "qualified jury wheel.”
State v. Kauhi, 948 P.2d 1036 (Haw. 1997).
· cites it 2× “HRS § 612-7 (1993) provides: A juror shall not be excused by a court for slight or trivial cause, but only when it appears that jury duty would entail a serious personal hardship, or that for other good cause the juror should be excused either temporarily or otherwise.”
State v. Cardus, 949 P.2d 1047 (Haw. App. 1997).
· cites it 2× “HRS § 612-7 (1993) states, "A juror shall not be excused by a court for slight or trivial cause, but only when it appears that jury duty would entail a serious personal hardship, or that for other good cause the juror should be excused either temporarily or otherwise.”
State v. Palisbo, 3 P.3d 510 (Haw. App. 2000).
· cites it 2× “HRS § 612-7 (1993) provides that “[a] juror *357 shall not be excused by a court for slight or trivial cause[.”
State v. Carroll, 429 P.3d 1229 (Haw. App. 2018).
· cites it 7× “Generally, the trial court's exercise of its discretion to excuse or retain a prospective juror is governed by HRS § 612-7 (2016), 12 which includes excusing a prospective juror for "good cause.”
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