Authors

Alisha Meschkow

Document Type

Case Summary

Publication Date

6-27-2024

Case Synopsis

During voir dire, a prospective juror stated unclearly and quietly that she thought she recognized the defendant, Mariscal-Ochoa, as her nephew’s sexual abuser. She was struck for cause over Mariscal-Ochoa’s objections to strike the entire venire, and the lower court gave a curative instruction reiterating the presumption of innocence and clarifying the jurors’ role in disregarding uncharged acts. Mariscal-Ochoa was convicted for sexually abusing his nine-year-old stepdaughter after testifying. The Court affirmed, holding that the trial court was in the best position to determine whether prejudice was incurable during voir dire.

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