22-3410.
Challenges for cause.
(1) Each party may challenge any prospective juror for cause. Challenges for cause shall be tried by the court.
(2) A juror may be challenged for cause on any of the following grounds:
(a) He is related to the defendant, or a person alleged to have been injured by the crime charged or the person on whose complaint the prosecution was begun, by consanguinity within the sixth degree, or is the spouse of any person so related.
(b) He is attorney, client, employer, employee, landlord, tenant, debtor, creditor or a member of the household of the defendant or a person alleged to have been injured by the crime charged or the person on whose complaint the prosecution was instituted.
(c) He is or has been a party adverse to the defendant in a civil action, or has complained against or been accused by him in a criminal prosecution.
(d) He has served on the grand jury which returned the indictment or on a coroner's jury which inquired into the death of a person whose death is the subject of the indictment or information, or on any other investigatory body which inquired into the facts of the crime charged.
(e) He was a juror at a former trial of the same cause.
(f) He was a juror in a civil action against the defendant arising out of the act charged as a crime.
(g) He was a witness to the act or acts alleged to constitute the crime.
(h) He occupies a fiduciary relationship to the defendant or a person alleged to have been injured by the crime or the person on whose complaint the prosecution was instituted.
(i) His state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he can act impartially and without prejudice to the substantial rights of any party.
(3) All challenges for cause must be made before the jury is sworn to try the case.
History:
L. 1970, ch. 129, § 22-3410; July 1.
Notes of Decisions
Cited in
46
cases (
11 in the last 5 years), 1974–2025 · leading case:
State v. Robinson, 363 P.3d 875 (Kan. 2015).
State v. Robinson, 363 P.3d 875 (Kan. 2015).
· cites it 12× “For the same reasons, Robinson's arguments under K.S.A. 22-3410 and K.S.A. 22- 3412 are equally unavailing.”
State v. Carr, 502 P.3d 546 (Kan. 2022).
· cites it 13× “The process of death qualification under K.S.A. 22-3410 removes only those prospective jurors who are excluded from the constitutional definition of a "jury," and therefore neither the statute nor the process of death qualifying the jury implicate any right protected under…”
State v. Carr, 331 P.3d 544 (Kan. 2014).
· cites it 6× “*113 K.S.A. 22-3410 is designed to protect a criminal defendant’s Sixth Amendment right to trial by an impartial jury, a right reinforced by the defendant’s Fifth Amendment right to due process.”
State v. Carr, 502 P.3d 511 (Kan. 2022).
· cites it 7× “The process of death qualification under K.S.A. 22-3410 removes only those prospective jurors who are excluded from the constitutional definition of a "jury," and therefore neither the statute nor the process of death qualifying the jury implicate any right protected under…”
State v. Miller, 427 P.3d 907 (Kan. 2018).
· cites it 2× “K.S.A. 22-3410(2)(i) (setting forth one of the grounds for a challenge for cause).”
State v. Kleypas, 40 P.3d 139 (Kan. 2001).
· cites it 2× “*992 K.S.A. 22-3410(2)(i) allows a party to challenge any prospective juror for cause when a juror's "state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he can act impartially and without prejudice to the…”
State v. Sanders, 574 P.2d 559 (Kan. 1977).
· cites it 3× “Our statute K.S.A. 22-3410 contains a list of grounds upon which a juror may be successfully challenged for cause.”
State v. Juniors, 915 So. 2d 291 (La. 2005).
“915 (2003); Kan. Stat. Ann. § 22-3410 (2)(b) (2003); Mont.”
State v. Thurber, 420 P.3d 389 (Kan. 2018).
“3 Analysis Under K.S.A. 22-3410(2)(i), a prospective juror may be removed for cause when "[h]is [or her] state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he [or she] can act impartially and without prejudice to…”
State v. Haislip, 701 P.2d 909 (Kan. 1985).
· cites it 2× “The defendant argues that the grounds for substitution of a juror are the same as the grounds for challenging a juror for cause under K.S.A. 22-3410 and that since the court did not conduct a hearing to find that this juror could not act impartially or was prejudiced, within the…”
State v. Amodei, 563 P.2d 440 (Kan. 1977).
· cites it 3× “) K.S.A. 22-3410 provides that a prospective juror may be challenged for reasons set forth in the statute and that challenges for cause shall be tried to the court.”
State v. Brown, 124 P.3d 1035 (Kan. Ct. App. 2005).
· cites it 22× “under two subsections of K.S.A. 22-3410. First, he argues the juror should have been dismissed under subsection (2)(g) which allows a juror to be challenged for cause if he or she was "a witness to the act or acts alleged to constitute the crime.”
— K.S.A. § 22-3410(1) — 3 cases
State v. Robinson, 363 P.3d 875 (Kan. 2015).
“For the same reasons, Robinson's arguments under K.S.A. 22-3410 and K.S.A. 22- 3412 are equally unavailing.”
— K.S.A. § 22-3410(2) — 7 cases
State v. Carr, 331 P.3d 544 (Kan. 2014).
“*113 K.S.A. 22-3410 is designed to protect a criminal defendant’s Sixth Amendment right to trial by an impartial jury, a right reinforced by the defendant’s Fifth Amendment right to due process.”
— K.S.A. § 22-3410(2)(a) — 2 cases
— K.S.A. § 22-3410(2)(g) — 2 cases
State v. Brown, 124 P.3d 1035 (Kan. Ct. App. 2005).
“under two subsections of K.S.A. 22-3410. First, he argues the juror should have been dismissed under subsection (2)(g) which allows a juror to be challenged for cause if he or she was "a witness to the act or acts alleged to constitute the crime.”
— K.S.A. § 22-3410(2)(h) — 1 case
State v. Brown, 124 P.3d 1035 (Kan. Ct. App. 2005).
“under two subsections of K.S.A. 22-3410. First, he argues the juror should have been dismissed under subsection (2)(g) which allows a juror to be challenged for cause if he or she was "a witness to the act or acts alleged to constitute the crime.”
— K.S.A. § 22-3410(2)(i) — 22 cases
State v. Carr, 331 P.3d 544 (Kan. 2014).
“*113 K.S.A. 22-3410 is designed to protect a criminal defendant’s Sixth Amendment right to trial by an impartial jury, a right reinforced by the defendant’s Fifth Amendment right to due process.”
State v. Miller, 427 P.3d 907 (Kan. 2018).
“K.S.A. 22-3410(2)(i) (setting forth one of the grounds for a challenge for cause).”
State v. Kleypas, 40 P.3d 139 (Kan. 2001).
“*992 K.S.A. 22-3410(2)(i) allows a party to challenge any prospective juror for cause when a juror's "state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he can act impartially and without prejudice to the…”
State v. Robinson, 363 P.3d 875 (Kan. 2015).
“For the same reasons, Robinson's arguments under K.S.A. 22-3410 and K.S.A. 22- 3412 are equally unavailing.”
State v. Thurber, 420 P.3d 389 (Kan. 2018).
“3 Analysis Under K.S.A. 22-3410(2)(i), a prospective juror may be removed for cause when "[h]is [or her] state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he [or she] can act impartially and without prejudice to…”
— K.S.A. § 22-3410(3) — 2 cases
State v. Robinson, 363 P.3d 875 (Kan. 2015).
“For the same reasons, Robinson's arguments under K.S.A. 22-3410 and K.S.A. 22- 3412 are equally unavailing.”
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