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State v. Magee5/6/2005
Q: Good. The fact that you are just kind of getting started on this and you are going to be maybe out until Thursday or something like that, would that affect you while you are sitting here on the jury? In other words, would you be thinking about that, missing class, I hope I can get an excuse, I hope somebody is taking notes as good as I take them, would that be bothering you during this time?
A: Yes, it would.
Q: Would it bother you to the point that you maybe couldn't pay attention as well as you should?
A: Yes.
Q: Now, ... nd do you feel that because of this school you may not be able to give your undivided attention to the case?
A: Nods head affirmatively.
Q: I know that you will try -
A: I'll try.
Pertinent Voir Dire Examination of Ms. Taylor by State
Q: Okay.
A: And, I mean, after losing my husband and everything, I am pretty sure, you know, I can't keep my mind on this.
Q: Certainly. Do you understand the importance just as I spoke to Mrs. Magee and Jackson the importance of having a clear mind as much as possible. We have all got other things happening. Do you believe, and rightly so, you may have some difficulty with that this week?
A: Yes, sir. Any other time, you know, it wouldn't be a problem.
...
Q: Okay. Even though that may be taken care of, do you feel that those things may weigh on your mind if you couldn't give your complete attention to the trial?
A: I mean, well, I need something to take my mind off of other things, I mean.
Q: I understand. I understand.
A: In a way I feel that, you know, I can do it.
Q: Sure.... You need to do your job. Sometimes that requires that you not feel real good about what we did. Okay. But you do have to have that being able to focus on what you are doing. Do you think even with the tragedy that you have been through that you could focus enough to do your job even if it was unpleasant?
A: I would give it my hundred percent.
Additional Pertinent Voir Dire Examination of Ms. Taylor by State
Q: Have any of you ... your family member, close family, close friend been a victim of crime?
A: Mrs. Toni Taylor and Mrs. Cotton respond affirmatively.
Q: Not as many as--would that affect your decision in this case, ma'am?
A: MRS. COTTON: No.
Q: You could put that out of your mind?
A: Nods head affirmatively.
Q: Okay.
A: MRS. TONI TAYLOR: Shakes head negatively.
Q: Let's talk about that a little bit.
THE COURT: Let me just advise you. You have--is it something that you would--you feel comfortable in talking about in front of a group or do you want to explain your answer?
MRS. TONI TAYLOR: Well, I have no problem with it, you know. It was my niece, you know and I had to deal with it, you know, and go with her through therapy and stuff like that. And the man did get away with it.
THE COURT: Proceed. Mr. Gatewood.
...
Q: Do you realize, understand and appreciate that that needs to be left outside the courtroom?
A: Yes, sir.
Q: The Judge can instruct you to base your decision on what you hear from this stand. He is going to tell you you cannot base your decision on sympathy, passion, prejudice, public opinion. Now if he instructs you that that is what you must do, you could follow that instruction, can't you?
A: Yes, sir.
...
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