By the Court, SAITTA, J.:
In these consolidated appeals, we address whether the district court abused its discretion in denying a challenge for cause to a prospective juror. We conclude that it did. We hold that when a prospective juror expresses a potentially disqualifying opinion or bias and is inconsistent in his or her responses regarding that preconception upon further inquiry, the district court must set forth, on the record, the reasons for its grant or denial of the challenge for cause. We conclude that the district court erred in failing to do so. We nonetheless affirm the judgment of the district court because the case was ultimately tried by a fair and impartial jury.
Appellant Boonsong Jitnan was operating a cab when it was struck from behind by a vehicle operated by respondent Ryan Jay Oliver. At the time, Oliver was employed by respondents Canica Jaques Crusher, Terex Canica, Terex Simplicity, and Terex Corporation (collectively, Oliver). Boonsong and his wife, appellant Chanly Than (collectively, Jitnan), instituted a personal injury action against Oliver for injuries arising out of the accident. Subsequently, the district court granted partial summary judgment on the issue of liability, determining that Oliver was
At the beginning of trial, the district court asked the panel of prospective jurors whether any of them had been a party to a lawsuit. Prospective juror no. 40 responded that he was sued as a result of a car accident that he caused. The voir dire of prospective juror no. 40 proceeded as follows:
Following the district court's denial of the challenge for cause, Jitnan was provided with an opportunity to question the prospective juror panel. In so doing, Jitnan inquired whether the prospective jurors believed it was improper for a plaintiff to seek pain and suffering damages. Juror H, who eventually served on the jury but was just a prospective juror at the time, responded in the affirmative, stating that "there is a point you can go beyond reason," and that there is "a tendency to ask for more than is what I believe is reasonable in some cases." Also, Juror H indicated that she was unsure if she could award damages to an injured party's spouse, even if she were instructed that the spouse is entitled to receive such damages. Despite these responses, Jitnan did not challenge Juror H for cause, nor did he exercise a peremptory challenge on her. But Jitnan did exercise a peremptory challenge on prospective juror no. 40 and ultimately exhausted all of his peremptory challenges. At that time, Jitnan did not state, or even suggest, that Juror H was an unacceptable juror, nor did he inform the district court that he would have exercised a peremptory challenge to remove Juror H if prospective juror no. 40 had been dismissed for cause. Likewise, Jitnan did not object to the seated jury. The jury ultimately awarded Jitnan $47,472 in damages. Jitnan now appeals.
Jitnan argues that the district court abused its discretion in failing to disqualify prospective juror no. 40 for cause. He asserts that the voir dire of prospective juror no. 40 revealed a fixed bias or opinion that prevented him from performing his duties as a juror. In particular, Jitnan contends that prospective juror no. 40 was biased against plaintiffs in personal injury cases and stated a predetermined opinion that such plaintiffs are not entitled to damages for pain and suffering. He therefore argues that prospective juror no. 40 should have been dismissed for cause.
A district court's ruling on a challenge for cause involves factual determinations, and therefore, the district court enjoys "broad discretion," as it "is better able to view a prospective juror's demeanor than a subsequent reviewing court." Leonard v. State, 117 Nev. 53, 67, 17 P.3d 397, 406 (2001). Among other grounds, a prospective juror may be challenged for cause for:
NRS 16.050(1).
In determining if a prospective juror should have been removed for cause, the relevant inquiry focuses on whether the "`juror's
During jury selection, prospective juror no. 40 expressed an opinion or bias against plaintiffs in personal injury cases because of his own prior experience with similar lawsuits. When asked whether he could set these opinions and impressions aside and assess the current case based on the evidence, prospective juror no. 40 responded that he could not. The juror went on to explain that he believed "a lot of lawsuits are frivolous," and that this would influence his decision. Jitnan then inquired further, seeking to rehabilitate the prospective juror. While prospective juror no. 40 retreated somewhat from his opinions, again, he fell back on his previously stated preconceptions—that many claims similar to Jitnan's were illegitimate and that plaintiffs should not be entitled to damages for pain and suffering. Probably most indicative of the fact that the prospective juror could not "lay aside his impression or opinion and render a verdict based on the evidence,'" Blake, 121 Nev. at 795, 121 P.3d at 577 (quoting Irvin, 366 U.S. at 723, 81 S.Ct. 1639), were prospective juror no. 40's answers to the final two questions propounded during voir dire. In response to Jitnan's question, he answered that plaintiffs should not receive damages for pain and suffering, but indicated the opposite when Oliver asked the same question. Indeed, despite prospective juror no. 40's ever-changing position when questioned by counsel, the record as a whole demonstrates that the prospective juror had a fixed opinion and bias toward plaintiffs in personal injury cases and that his preconception would prevent or substantially impair the performance of his duties as a juror, given the nature of this case. We therefore conclude that the district court abused its discretion in denying the challenge for cause.
We further believe that the voir dire of prospective juror no. 40 exemplifies a situation where a district court must set forth, on the record, findings explaining the basis of its ruling. The prospective juror in this case continually gave inconsistent responses—at times he indicated that he could be fair and impartial, and at others he reiterated his preconceived opinion and bias. Of course, we are aware that our review of a decision on a challenge for cause is deferential; however, "`[d]eferential review is not no review'" and "does not automatically mandate adherence to [the district court's] decision." McDonald v. Western-Southern Life Ins. Co., 347 F.3d 161, 172 (6th Cir.2003) (quoting Hess v. Hartford Life & Acc. Ins. Co., 274 F.3d 456, 461 (7th Cir.2001)). Without an explanation of the reasons or bases for a district court's decision, meaningful appellate review, even a deferential one, is hampered because we are left to mere speculation. See, e.g., Lioce v. Cohen, 124 Nev. 1, 20, 174 P.3d 970, 982 (2008) (specific on-the-record findings "enable[] our review of [the district court's] exercise of discretion"); Rosky v. State, 121 Nev. 184, 191, 111 P.3d 690, 695 (2005) (requiring findings "facilitate[s] proper appellate review" and fosters "synergy between the trial and reviewing courts [so] that appellate courts can develop a uniform body of precedent" (internal quotation omitted)); Las Vegas Novelty v. Fernandez, 106 Nev. 113, 119, 787 P.2d 772, 776 (1990) (requirement that a district court state reasons for permanent injunction is "intended primarily to facilitate appellate review"). Indeed, our statutory scheme embraces the notion that a decision on a challenge for
We are cognizant that district courts "rule on cause challenges by the minute," United States v. Martinez-Salazar, 528 U.S. 304, 310, 120 S.Ct. 774, 145 L.Ed.2d 792 (2000) (internal quotation omitted), and we do not wish to make light of that fact. We do not mean to suggest that a district court must explain the basis of its decision each time it grants or denies a challenge for cause. Rather, we hold that when a district court is faced with a situation such as the one in this case—that is, when a prospective juror expresses a potentially disqualifying opinion or bias and is then inconsistent in his or her responses regarding that preconceived opinion or bias—the district court must set forth, on the record, the reasons for its grant or denial of a challenge for cause. We believe that this will enable an appellant to understand the precise basis for the district court's decision, as well as facilitate informed review in this court. Because the district court failed to do so here, we conclude that it erred.
Jitnan contends that the district court's erroneous denial of the challenge for cause to prospective juror no. 40 requires reversal. He argues that because he was required to use a peremptory challenge to cure the district court's error, he lost one of his peremptory challenges, which he asserts was in and of itself prejudicial. Jitnan also contends that the curative use of his peremptory challenge, in removing prospective juror no. 40, was prejudicial because it prevented him from using a peremptory challenge on Juror H.
The United States Supreme Court has definitively held that the erroneous denial of a challenge for cause of a prospective juror, followed by a party's use of a peremptory challenge to remove that juror, does not deprive the party "of any rule-based or constitutional right" so long as the jury that sits is impartial. Martinez-Salazar, 528 U.S. at 307, 120 S.Ct. 774; Ross v. Oklahoma, 487 U.S. 81, 88-91, 108 S.Ct. 2273, 101 L.Ed.2d 80 (1988). In short, "peremptory challenges are not of federal constitutional dimension." Martinez-Salazar, 528 U.S. at 311, 120 S.Ct. 774. We have likewise held that the curative use of a peremptory challenge does not violate a party's state constitutional rights unless he or she demonstrates actual prejudice; in other words, he or she must show that a member of the jury was unfair or partial.
Jitnan has also failed to show actual prejudice. Although Jitnan asserts that Juror H, a biased juror, was forced upon him, the record reveals otherwise. Jitnan did not challenge Juror H for cause. He never stated, or even suggested, that Juror H was an unacceptable juror, nor did he inform the district court that he would have exercised a peremptory challenge to remove Juror H if prospective juror no. 40 had been removed for cause. In fact, Jitnan did not take issue with the jury as seated. As a result, Jitnan cannot demonstrate prejudice requiring reversal. We therefore affirm the judgment of the district court.
We conclude that the record as a whole demonstrates that prospective juror no. 40 had a preconceived opinion and bias that would prevent or substantially impair the performance of his duties as a juror. We therefore determine that the district court abused its discretion in denying the challenge for cause. We hold that when a prospective juror expresses a potentially disqualifying bias or prejudice and is inconsistent in his or her responses regarding that preconception upon further inquiry, as here, the district court must set forth, on the record, the reasons for its grant or denial of the challenge for cause. We conclude that the district court erred in failing to do so. We nonetheless determine that there was no prejudicial error requiring reversal because the jury that decided Jitnan's case was fair and impartial. We therefore affirm the judgment of the district court.
We concur: HARDESTY and PARRAGUIRRE, JJ.