State v. Mannix

Pursuant to ORS 136.220, a juror who is committed to becoming related to a primary witness does not have implied bias. Pursuant to ORAP 5.45, a party may not raise claims of error that are not preserved on the trial court record, even if it is a plain error.

Mannix appealed from his conviction for DUII, asserting the trial court erred on multiple grounds: (1) by “constructively” depriving him of legal counsel; (2) by determining he was ineligible for diversion because he had a commercial driver’s license; (3) by failing to dismiss a juror who was engaged to be married to the state’s main witness; and (4) by not individually asking for each juror’s decision. Mannix had insufficient funds to procure counsel and appeared pro se; he argued that the rule governing court-appointed counsel is inapplicable, and refused to voluntarily waive his right to counsel. The Court held (1) the court-appointed counsel fees were valid, (2) the lapse of a medical certificate does not relieve Mannix from liability for holding a commercial driver’s license, (3) a juror is not implicitly biased by intending to enter a familial relationship with a prosecution witness, and (4) because Mannix did not raise an objection at the time of jury polling, his final claim of error is unavailable. Affirmed.