Gosling v. Commonwealth

In Gosling v. Commonwealth, 7 Va. App. 642, 645, 376 S.E.2d 541, 544 (1989), the Court reversed the defendant's conviction because the trial judge refused to exclude a juror for cause who said he would give the testimony of a correctional officer greater credibility because the officer would not "particularly have any axe to grind." 7 Va. App. at 644, 376 S.E.2d at 543. When the trial judge in Gosling asked the juror whether he would give equal weight to the testimony of a correctional officer and the testimony of an inmate, the juror replied, "judge, I would certainly listen to the inmate, but I would feel that the correctional officer that's got no axe to grind, he's not trying to get somebody in trouble, and the inmate would be trying to get himself out of trouble, or get his fellow inmate out." Id.