“A potential juror who has formed a fixed opinion about the case before being empaneled is not impartial, and generally should not be seated even though he says he will try to set his opinion aside.”  Herman, ¶ 26.  Because a potential juror in this case participated in 5 or 6 conversations with the County Attorney regarding this case and admitted to already forming an opinion about the defendant’s guilt, the District Court abused its discretion in denying Herman’s challenge for cause.  The judgement was reversed and remanded for a new trial.

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