Ubiquitin, why didn’t the other lawyer object to the instruction and if overruled use it as a ground for appeal?
Barry, maybe he felt that you were personally hostile to him. If not, he may have wasted one of his peremptory challenges. BTW, a lawyer may not use them to exclude a jurors based on race, ethnicity, or sex (Batson v. Kentucky, 476 U.S. 79 (1986)). Thus, the opposing lawyer can issue a “Batson challenge” to the jury. If this goes the way of general anti-discrimination laws expect this to develop into a whole megilla.