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Bailey v. State
Citations: 908 So. 2d 1044; 2004 Ala. Crim. App. LEXIS 222; 2004 WL 2418025Docket: CR-03-0375
Court: Court of Criminal Appeals of Alabama; October 29, 2004; Alabama; State Appellate Court
The trial court's decision to deny Bailey's request to poll the jury regarding exposure to a newspaper article about the case was upheld, aligning with precedent from West v. State, 793 So.2d 870 (Ala.Crim.App.2000). The concurring opinion emphasizes that the trial court should have proactively asked jurors if they had seen or read the article, with the option for follow-up questioning if necessary. This approach would have been brief, preventing undue trial delays and alleviating concerns about potential juror bias, thereby avoiding the issue on appeal. The concurring opinion critiques the West ruling for placing an unrealistic burden on defendants, as it requires evidence of juror exposure to media reports, typically necessitating self-reporting by jurors or reports from their acquaintances. This standard is considered impractical, suggesting that the precedent set in West should be reevaluated.