County District Court File No. 62-CR-15-4868
Swanson, Attorney General, St. Paul, Minnesota; and John J.
Choi, Ramsey County Attorney, Peter R. Marker, Assistant
County Attorney, St. Paul, Minnesota (for respondent)
Cathryn Middlebrook, Chief Appellate Public Defender, Anders
J. Erickson, Assistant Public Defender, St. Paul, Minnesota
Considered and decided by Jesson, Presiding Judge; Ross,
Judge; and Schellhas, Judge.
district court does not err when it sustains a for-cause
challenge of a juror under Minn. R. Crim. P. 26.02, subd.
5(1)(1), because the juror is untruthful, evasive, or lacking
in candor during voir dire and the court is satisfied that
the juror cannot try the case impartially and without
prejudice to the substantial rights of the challenging party.
challenges his convictions of first-degree burglary,
kidnapping, and first-degree criminal sexual conduct, arguing
that the district court erred by striking a prospective juror
early on a June 2015 morning, appellant Jacob McKinley
entered a St. Paul apartment through a partially open window.
He then dragged a female tenant from her bedroom to a
living-room couch and sexually assaulted her. The state
charged McKinley with first-degree burglary, kidnapping, and
first-degree criminal sexual conduct.
demanded a jury trial, and the district court required
prospective jurors to complete a juror questionnaire that
stated, "YOU ARE UNDER OATH AND ARE REQUIRED TO ANSWER
THE QUESTIONS TRUTHFULLY. YOU ARE EXPECTED TO SIGN THE
QUESTIONNAIRE AND YOUR ANSWERS WILL HAVE THE EFFECT OF A
STATEMENT GIVEN UNDER OATH TO THE COURT." The
questionnaire included question number 37, as follows:
"Have you or has anyone close to you ever been arrested,
accused, charged, indicted, or convicted of a crime?"
Prospective juror K.H. answered yes to the question and
stated, "I was convicted of CVO in 2006 driving while
juror K.H., the prosecutor informed the district court that
he had found public criminal-history records that revealed
that K.H. had been arrested in 2002 for felony criminal
sexual conduct, convicted in 2003 of third-degree possession
of a controlled substance, and arrested in 2004 for auto
theft. The following colloquy occurred:
THE COURT: Well, I'm concerned here . . . . [Y]ou've
indicated now three additional incidents. Are ...