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Smith v. State12/22/2000
at he was not "in his right mind" at the time of the shootings and that he just "snapped," for three reasons: (1) he had been on a binge, smoking crack cocaine and drinking alcohol; (2) he was under duress because he owed $27,000 to his narcotics supplier, a person he could only identify as a Jamaican named "Tony," who lived in Florida and who, he claimed, carried an Uzi automatic weapon and had threatened to kill the appellant's mother if he did not get his money; and (3) he was angry because the Flournoy had called his girlfriend a "whore" and "bitch." He also urged the jury to consider the facts that he had had an alcohol and drug problem since he was eight years old and that he was mentally retarded. In his closing summation, his counsel argued:
"He should get punished only for what he did and had an intent to do. We are not asking you to let him off for killing someone, absolutely not. He's admitted that. But he didn't intend to kill those people. The drugs and alcohol in his system, the threat of force, and then the final little thing, the straw that broke the camel's back, Flint standing there and called his [girlfriend] a whore and a slut and stuff, the man snaps." (R. 1780.)
The evidence presented by the prosecution was largely direct evidence, and the appellant does not question on appeal the sufficiency of the prosecution's evidence to support the jury's verdict. Nevertheless, we have reviewed the record in reference to the question of the sufficiency of the evidence, as we are required to do in a death- penalty case, and we find that the evidence presented by the prosecution was sufficient for the jury to find the appellant guilty beyond a reasonable doubt of the capital offense charged in the indictment. In fact, we find the evidence of guilt of the capital offense to be strong and convincing.
I.
The appellant first contends that the trial court erred in granting the prosecution's challenges for cause, over his objection, of veniremembers M.M., L.Y., and L.W. The attorney general responds that the trial court's grant of the challenges for cause was proper; the challenge was based upon the inability of the three veniremembers to be impartial, which, he argues, could reasonably be inferred from their alleged failure to answer truthfully certain questions during the voir dire examination.
"To justify a challenge of a juror for cause there must be a statutory ground (Ala. Code Section 12-16-150 (1975)), or some matter which imports absolute bias or favor, and leaves nothing to the discretion of the trial court." Nettles v. State, 435 So. 2d 146, 149 (Ala. Crim. App.), aff'd, 435 So. 2d 151 (Ala. 1983). Section 12-16-150 sets out the grounds for removal of veniremembers for cause in criminal cases; however, the attorney general asserts none of these statutory grounds and we find none applicable here.
However, in addition to the statutory grounds, there are other grounds in the common law for challenging veniremembers for cause where those grounds are not inconsistent with the statute. Kinder v. State, 515 So. 2d 55, 60 (Ala. Crim. App. 1986). Ultimately, the test to be applied is whether the veniremember can set aside his or her opinions, prejudices, or biases, and try the case fairly and impartially, according to the law and the evidence. Knop v. McCain, 561 So. 2d 229 (Ala. 1989). This determination of a veniremember's absolute bias or favor is based on the veniremember's answers and demeanor and is within the discretion of the trial judge; however, that discretion is not unlimited. See Rule 18.4(e), Ala.R.Crim.P. Even proof that a veniremember has a bias or fixed opinion is insufficient to support a challenge for cause. A prospecti
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