Before going to trial for murder and going armed with intent, Duval
Walker Jr. moved in limine to exclude evidence of his “criminal history and
any other charges stemming from this incident.” The district court granted
his motion, preventing jurors from learning that he had a prior felony
conviction and that he had pleaded guilty to being a felon in possession of a
firearm for conduct during this incident. But potential juror R.L. saw a news
alert about Walker’s guilty plea. When Walker moved to strike R.L. for cause,
the district court refused, citing R.L.’s assertion that he had not formed an
opinion that Walker was guilty of the other charges. And R.L. promised not
to tell his fellow jurors what he had learned.
But because R.L. had information so prejudicial that it could not be
offered as evidence or shared with other jurors, his exposure to the news
account implanted actual bias. See Iowa R. Crim. P. 2.18(5)(o) (allowing
challenges for cause “[w]here the circumstances indicate the juror would
have an actual bias for or against a party”). Thus, the court abused its
discretion by denying the motion to strike.
Because Walker used a peremptory strike to remove R.L. and the court denied his request for an additional peremptory strike, we presume prejudice. The remedy is to reverse his convictions for murder and going armed with intent and to remand for a new trial.