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State v. Bondurant3/20/1998
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A review of the voir dire proceedings, specifically of those jurors ultimately impaneled in this case, reflects that the only question asked of each was whether they could consider both punishments at the sentencing hearing. During voir dire, the prosecutor asked potential jurors a variation of the following question:
In Tennessee, if the State carries the burden of guilty , beyond a reasonable doubt, to where your mind rests easy, and the jury found the defendant guilty of first degree murder, there are two punishments. And there would be a sentencing hearing. The State would put on aggravating circumstances; the defense would put on mitigating circumstances, and then the jury would decide between life imprisonment and death by electrocution. Could you consider both of those punishments?
Three of the impaneled jurors were asked the question without discussion of mitigating and aggravating circumstances:
In Tennessee, there are two punishments for first degree murder. One is life imprisonment and the other is death by electrocution. In the event we get to that stage of the trial, could you consider both of these punishments?
Each juror indicated that he or she could consider both punishments. Moreover, the jurors were duly sworn prior to trial and were properly instructed by the trial court at the sentencing hearing.
An accused has the right to a fair trial by an impartial and unbiased jury. State v. Houston , 593 S.W.2d 267, 272 (Tenn. 1980), overruled on other grounds, State v. Brown, 836 S.W.2d 530 (Tenn. 1992); see also State v. Melson, 638 S.W.2d 342, 362 (Tenn.1982). As noted in Morgan v. Illinois, 504 U.S. 719, 112 S.Ct. 2222 (1992), "part of the guarantee of a defendant's right to an impartial jury is an adequate voir dire to identify unqualified jurors." Id. at 729, 112 S. Ct. at 2230 (citing Dennis v. United States, 339 U.S. 162, 171-172, 70 S. Ct. 519, 523-524 (1950), and Morford v. United States, 339 U.S. 258, 259, 70 S. Ct. 586, 587 (1950)). "Without an adequate voir dire the trial Judge's responsibility to remove prospective jurors who will not be able impartially to follow the court's instructions and evaluate the evidence cannot be fulfilled." Rosales-Lopez v. United States, 451 U.S. 182, 188, 101 S. Ct. 1629, 1634 (1981) (plurality opinion).
In Morgan, the Supreme Court reversed the death sentence because voir dire was so inadequate as to lead the court "to doubt that petitioner was sentenced to death by a jury empaneled in compliance with the Fourteenth Amendment." Id. at 739, 112 S. Ct. at 2235. The court held:
he belief that death should be imposed ipso facto upon conviction of a capital offense reflects directly on that individual's inability to follow the law. Any juror who would impose death regardless of the facts and circumstances of conviction cannot follow the dictates of law. It may be that a juror could, in good conscience, swear to uphold the law and yet be unaware that maintaining such dogmatic beliefs about the death penalty would prevent him or her from doing so. A defendant on trial for his life must be permitted on voir dire to ascertain whether his prospective jurors function under such misconception. The risk that such jurors may have been empaneled in this case and `infected petitioner's capital sentencing unacceptable in light of the ease with which that risk could have been minimized.'
Id. at 735-736, 112 S. Ct. at 2233 (citations omitted). Accordingly, the Supreme Court determined that the "etitioner was entitled, upon his request, to inquiry discerning those jurors who, even prior to the State's case in chief, had predetermined the terminating issue of his trial,
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