Juror Fails to Answer in Voir Dire
If a juror is asked a question and either does not answer, or answers untruthfully, and the juror’s failure to honestly answer a the voir dire question is revealed during trial, the defendant’s Sixth Amendment right to a fair trial has been violated. Franklin v. State 138 S.W.3d 351 , No. 1481-00(Tex. Crim. App. 2004).: “Part of the constitutional guarantee of the right to an impartial jury includes adequate voir dire to identify unqualified jurors. And we have consistently held that essential to the Sixth Amendment guarantees of the assistance of counsel and trial before an impartial jury “is the right to question veniremembers in order to intelligently exercise peremptory challenges and challenges for cause.” and “”where a juror withholds material information during the voir dire process, the parties are denied the opportunity to exercise their challenges, thus hampering their selection of a disinterested and impartial jury.” Id. at 354.