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Taylor v. Magana10/5/2005 ertinent to the selection of the jury. If each question is pertinent, each answer is also pertinent. Counsel should always insure that clear answers relating this pertinent information are provided by prospective jurors. In the case at bar, the Taylors' counsel should have sought clarification as to whether Hill was responding to the remainder of the marital status question (as a no answer to that question in itself was ambiguous, where a person must be either married, single, divorced, or widowed) or all remaining questions in the questionnaire, and secured specific answers to each question regarding litigation experience, as these questions were obviously crucial to the selection of the jury. In my view, it cannot be said that the Taylors satisfied the three-part test necessary to obtain a new trial based on juror concealment.
I would conclude that the trial court did not abuse its discretion and affirm.
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