 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Smith v. State12/22/2000
that C.S. was biased against the appellant, and certainly fails to show absolute bias. We find that the trial court did not abuse its discretion in denying the appellant's challenge for cause of C.S.
In regard to the trial court's denial of his challenge for cause of K.L., the appellant argues that the voir dire examination of K.L. revealed that she was biased against him. In response to a question the trial court asked the venire -- whether anyone knew any facts about the case -- K.L. responded that she did. She was then examined individually. The record shows the following:
"THE COURT: Okay. [K.L.], you stated you knew something about the case and we are just trying to determine what you do you know .
"[K.L.]: I just saw it on the news.
"THE COURT: And when did you see the news?
"[K.L.]: This morning.
"THE COURT: And what did you see ...?
"[K.L.]: They were showing pictures of the house and the bodies and different things like that, is what I saw.
"THE COURT: Because you saw those pictures and heard the news accounts, does that give you any preconceived idea about this case or --
"[K.L.]: No, I think I could -- I would listen to the evidence.
"....
"MR. BRANTLEY: Would you describe the bodies you saw?
"[K.L.]: Well, they showed them covered up in the edge of the bushes and covered with sheets or whatever they cover them with.
"MR. BRANTLEY: And you are saying that has no effect on you one way or the other.
"[K.L.]: I would do my best to listen to the evidence.
"MR. BRANTLEY: But it would be hard, wouldn't it?
"[K.L.]: No, I don't think so.
"....
"MR. MEREDITH [defense counsel]: ... Did the news account ... indicate how they had been killed?
"[K.L.]: They did, but I don't remember what they said.
"MR. MEREDITH: Did they use anyone's name?
"[K.L.]: I didn't pay that much attention. I really didn't. Like I said, I glanced at the TV, and I saw what I described, and that is really what I heard and what I saw.
"MR. MEREDITH: You don't recall anyone saying, 'Here are the victims killed by Jerry Jerome Smith?'
"[K.L.]: They may have -- I'm sure they said that, but the name didn't ring a bell when you called out the guy's name this morning, so, I didn't know him by name.
"MR. MEREDITH: At this point in time, do you have any preconceived idea who killed those people?
"[K.L.]: No." (R. 204-08.)
The record shows that K.L. harbored no bias against the appellant, and that she indicated that she would not let what she had seen on television affect her ability to give the appellant a fair and impartial trial, based upon the evidence. The trial court's denial of the appellant's challenge of K.L. for cause was proper.
In regard to the trial court's granting the prosecution's motion challenging veniremember J.D. for cause, the appellant contends that the prosecution failed to show that J.D. was absolutely biased against the prosecution or that a statutory ground existed for the challenge. The trial court asked the venire whether any member was related to defense counsel. J.D. responded that he was a nephew of the appellant's co-counsel, Meredith. J.D. was then questioned individually, and the record shows the following:
"THE COURT: ... The fact that you are [Mr. Meredith's] nephew, would that tend to make you listen to the defendant's case more than it would the State's case or does that association bias or prejudice you in manner?<
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 62 63 64 65 66 67 68 69 70 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|