 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Bondurant3/20/1998
U.S. 412, 424, 105 S. Ct. 844, 852 (1985). The Supreme Court further observed that "this standard likewise does not require that a juror's bias be proved with 'unmistakable clarity.' " Id. Finally, the trial court's finding of bias of a juror because of his views concerning the death penalty are accorded a presumption of correctness, and the appellant must establish by convincing evidence that the trial court's determination was erroneous before an appellate court will overturn that decision. State v. Alley, 776 S.W.2d 506, 518 (Tenn. 1989).
Of the seven jurors excused for cause because of their views on the death penalty, three stated that they would not consider the death penalty under any circumstances. Another juror stated that he was not a proponent of the death penalty and would only consider voting for the death penalty if there was more than one independent witness to the murder and if the defendant was apprehended at the scene of the crime. Another juror stated that he could not impose the death penalty, noting that he thought it was a worse punishment to impose a life sentence. Another juror stated that she would have a hard time giving regard to the death penalty and that her feelings on the subject were strong. Finally, the last juror excused for cause because of his views on the death penalty at first stated that he would give due consideration to both punishments, but then he indicated that he did not believe he could impose the death penalty. The juror then indicated that he would have to hear the case before he could determine if there was any case in which he would consider the death penalty. The juror finally answered that he did not believe in the death penalty, and he acknowledged that his beliefs would prevent him from voting for the death penalty. Neither the trial court nor defense counsel asked any questions concerning these jurors' abilities to consider the death penalty at the sentencing phase.
After reviewing the answers of these excluded jurors, we conclude that their answers left "no leeway for rehabilitation." Strouth, 620 S.W.2d at 471; Alley, 776 S.W.2d at 517-18. These jurors met the standard for dismissal. See State v. Hutchison, 898 S.W.2d 161, 167 (Tenn. 1994). While it would be more prudent for the trial court to adopt a policy of questioning jurors before excusing them for cause on this basis, the excluded jurors' answers to questions by the prosecutor adequately demonstrated that their views concerning the death penalty "would 'prevent or substantially impair the performance of duties as in accordance with instructions and oath.' " Wainwright, 469 U.S. at 424, 105 S. Ct. at 852; see also State v. Smith, 893 S.W.2d 908, 915-16 (Tenn.1994).
As noted earlier, great deference should be given to the trial Judge, who is "left with the definite impression that a prospective juror would be unable to faithfully and impartially apply the law." Wainwright, 469 U.S. at 426, 105 S. Ct. at 853. An appellant has the burden "to establish by convincing evidence that [those findings were] erroneous." Alley, 776 S.W.2d at 518. The defendant has failed to meet his burden in this case. See State v. Teel, 793 S.W.2d 236, 246-47 (Tenn. 1990).
Finally, the defendant contends that he was denied an impartial jury because none of the potential jurors were questioned during voir dire by the trial court or by defense counsel about their understanding of the following concepts:
a. The meaning of terms, particularly the meaning of "mitigating circumstances."
b. The burdens of proof of the parties.
c. The standards of proof concerning mitigating and aggravating circumstances.
d. The weighing process of ag
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|