A challenge for actual bias may be taken for the cause mentioned in RCW 4.44.170(2). But on the trial of such challenge, although it should appear that the juror challenged has formed or expressed an opinion upon what he or she may have heard or read, such opinion shall not of itself be sufficient to sustain the challenge, but the court must be satisfied, from all the circumstances, that the juror cannot disregard such opinion and try the issue impartially.
RCW 4.44.190
Challenge for actual bias.
Applied in 19 court decisions — leading case 105 Wash. 2d 692 - State v. Kwan Fai Mak (1986)
Most recently applied in State Of Washington, Resp/cross-app V. Justin Dominic Bell, App/cross-resp (May 2023)
2003 c 406 s 8; Code 1881 s 213; 1877 p 44 s 217; 1869 p 53 s 217; RRS s 331.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.