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RAY v. PAUL3/28/1997
alleged juror misconduct.
V. Judge's Remarks During Voir Dire.
Ray contends the judge's remarks to the second excused juror discouraged the remaining panel members from expressing their true sentiments regarding jury service in a medical malpractice case. Our review of this issue is limited to Ray's bill of exceptions including the judge's remarks and explanation for their necessity. We find nothing harsh, demeaning, or oppressive about the judge's remarks. In the absence of other objective evidence suggesting the jury panel was influenced as Ray claims, we will not presume the judge's conduct was prejudicial. See Wilson v. Ceretti, 210 N.W.2d 643, 645 (Iowa 1973). The district court's denial of Ray's motion for a mistrial based on judicial misconduct is affirmed.
We have considered all of Ray's arguments and find them to be without merit. The judgment of the district court is affirmed in its entirety.
AFFIRMED.
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