Why Genuine Juror Impartiality Matters in Personal Injury and Medical Malpractice Cases in Virginia: A Recent Court of Appeals Ruling

At Livingston Law Group, we’ve long believed that being “impartial” on a jury means more than just saying the right words in front of a judge.

A new decision from Virginia’s Court of Appeals powerfully affirms this view, and it might change how voir dire is handled in courtrooms across the Commonwealth.

The Case: Burton v. Commonwealth

In the July 22, 2025 opinion authored by Judge Frank Friedman, the court examined a troubling scenario: During jury selection in a firearm possession case, a potential juror openly expressed bias against people with prior felony convictions, saying illegal guns were “the fruit of our problems.”

Yet, rather than allowing the defense to probe deeper or strike the juror, the trial judge simply asked if the juror would follow the court’s instructions. The juror answered, “I do.”

Based solely on that, the judge refused to strike the juror for cause, forcing the defense to use up a valuable peremptory strike. Judge Friedman’s opinion makes it clear: simply promising to “follow the law” isn’t good enough when there are clear signs of bias. The court highlighted several key principles:

• Juror Rehabilitation Must Be Genuine: It’s not enough for a judge to ask leading questions that nudge the juror toward the right answer. True rehabilitation must come from the juror’s own, thoughtful explanation.

• Judicial Neutrality Is Crucial: Even subtle cues from the judge can sway a juror’s answers — something every court should guard against.

• Context Matters: The whole voir dire exchange, not just a single word or phrase, must be considered.

• Peremptory Strikes Are Not a Substitute: The law requires removal of any juror with unresolved bias, not just making the defense use up their peremptory strikes.

In the end, the Court of Appeals reversed the conviction and sent the case back for a new trial, with a strong message: impartiality must be real, not just rhetorical.

Why This Matters for Personal Injury Cases

We know that the composition of a jury can shape the outcome of any case, criminal or civil. This decision underscores the importance of thorough, meaningful voir dire and gives trial lawyers another tool for ensuring their clients get a fair shake.

If you’re ever in a courtroom where voir dire feels rushed or cut short, consider sharing the Burton opinion with the judge ahead of time. A little preparation can go a long way in making sure your client gets a jury that is truly fair and impartial, as the Constitution demands.

Lee Livingston has been teaching lawyers how to conduct voir dire in CLE’s and future lawyers at UVA Law since 2001. See an article he wrote about this here.