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State v. Henderson3/7/2001
by Fargo about how to select a jury and because three of the defense attorneys had over twenty years of almost exclusive trial experience, defense counsel would be able to competently select a jury. In addition, the trial court noted that Appellants had a right to have a jury that would apply the law fairly and impartially, but Appellants did not have the right to have a jury that would never impose a death sentence.
Tennessee Code Annotated section 40-14-207 provides, in relevant part, that when a capital defendant has been found to be indigent, the trial court "may in its discretion determine that investigative or expert services or other similar services are necessary to ensure that the constitutional rights of the defendant are properly protected." Tenn. Code Ann. § 40-14-207(b) (1990). "Absent an abuse of discretion, the trial court's ruling on the necessity for an expert will be upheld." Ruff v. State, 978 S.W.2d 95, 101 (Tenn. 1998). In addition, the Tennessee Supreme Court has expressly stated that a trial court may deny a defendant the assistance of a jury selection expert when the defendant has failed to demonstrate a particularized need for the expert services. Mann, 959 S.W.2d at 526; Black, 815 S.W.2d at 180.
In this case, Appellants have failed to establish that they had a "particularized need" for the continued use of the jury selection expert. Essentially, Appellants argue that because none of the defense attorneys had ever selected a "death qualified" jury before, they were incapable of effectively selecting a jury in this case without continued employment of the jury selection expert. The mere fact that defense counsel had never selected a jury in a capital case before, standing alone, is insufficient to establish a "particularized need" for the continued services of a jury selection expert in this case. Indeed, as noted by the trial court, two of the defense attorneys had worked closely with Fargo for one and one half weeks during the previous jury selection process. Further, defense counsel stated at the hearing that Fargo had already collected information from Appellants and defense counsel and had prepared two pages of questions for defense counsel to ask the potential jurors. Under these circumstances, we conclude that the trial court did not abuse its discretion when it revoked the funds for continued employment of Fargo. This issue is without merit.
VIII. INTELLIGENCE QUOTIENT TESTING
Appellants contend that the trial court erred when it failed to order that an intelligence quotient ("IQ") test be administered to Appellants while they were under the influence of alcohol. We disagree.
On July 27, 1995, Appellants filed a motion asking the court to order that they be tested for IQ while they were under the influence of alcohol. At the hearing on the motion on January 30, 1996, Appellants argued that their consumption of alcohol shortly before the time that Griffin was killed may have lowered their IQ level below 70, which would have rendered them statutorily ineligible for the death penalty. However, Appellants argue on appeal that their IQ level while they were intoxicated was relevant to the elements of intent and premeditation.
Dr. Peter Young testified for the defense that according to the results of IQ testing, Dellinger had an IQ level of 72 in March of 1995 and Sutton had an IQ level of 76 in November of 1993. Dr. Young then opined that Appellants' use of alcohol could have reduced their IQ level to below 70 at the time that Griffin was killed. On cross-examination, Dr. Young admitted that the authorities upon which he based his opinion actually contradicted his opinion. Dr. Young also admitted that there was
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