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TOMLIN v. STATE6/21/1996
is is where at this point in the trial, both the State and the Defense have the same objective. And that is, we try to get to know as much about y'all as we can so that we can select what we feel would be the most fair and the most impartial jury."
Had this been taken to heart by M.N., this case would not have to be once again reversed. However, we cannot condone M.N.'s failure to disclose, for to do so would render hollow the right of peremptory challenge. Whether considering M.N.'s failure alone or cumulatively with G.W.Y.'s failure to disclose, we are constrained to reverse and remand this case to the trial court.
REVERSED AND REMANDED.
All Judges concur, except COBB, J., who is not sitting.
The attorney general correctly points out, in regard to Part IV of our original opinion, that the specific incident of the robbery of juror M.N., upon which we mainly rely in finding that M.N. did not truthfully answer the question whether he had been a victim of a crime, could possibly have occurred after the trial and before M.N.'s February 4 affidavit. However, this possibility does not invalidate our ruling. According to the memorandum of the May interview, M.N. "talked about [having] been robbed a number of times ('all the time,' he said)."
OPINION EXTENDED; RULE 39(k) MOTION DENIED; APPLICATION FOR REHEARING GRANTED; AFFIRMED.
All Judges concur, except COBB, J., who is not sitting.
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