Commonwealth v. Vitale

2 Citing cases

  1. Conner v. State of Arizona

    54 Ariz. 68 (Ariz. 1939)   Cited 9 times
    In Conner v. State, 54 Ariz. 68, 92 P.2d 524, 527, the reasoning of the court in upholding a conviction by a jury, one or more of whom should have been excused for cause upon a proper challenge but who were not challenged because their answers to questions on voir dire were inaccurate, seems conclusive that the error here should not require a reversal and a new trial.

    It has been held frequently that even though a juror to whom a challenge for cause was made, which should have been allowed, does not sit in the trial of the case because he is challenged peremptorily, that this does not cure the error in failing to allow the challenge for cause, if the defendant has exhausted his peremptory challenges, for the reason that, being forced to exercise one of his peremptory challenges in order to strike the obnoxious juror, he has one less challenge of that nature left to use against other jurors whom he may not desire to sit in the case. State v. Stentz, 30 Wn. 134, 70 P. 241, 63 L.R.A. 807; State v. Brown, 15 Kan. 400; Commonwealth v. Vitale, 250 Pa. 552, 95 A. 724; Holman v. State, 115 Ark. 305, 171 S.W. 107. In some jurisdictions this is not the rule, however, if the jurors who actually sit are all legally competent, even though personally objectionable to the defendant.

  2. Commonwealth v. Rumkin

    55 Mass. App. Ct. 635 (Mass. App. Ct. 2002)   Cited 9 times

    Id. at 312-313. See Gordon v. Fay, 382 Mass. 64, 68 (1980); Commonwealth v. Vitale, 44 Mass. App. Ct. 908, 908 (1997). Here, however, after a warrantless arrest, see Dist/Mun.R.Crim.P. 2(a), the defendant faults trial counsel for failure to request dismissal of the complaint because the application for the complaint and accompanying police report did not establish probable cause that the defendant had committed an assault with a dangerous weapon.