State v. Golphin8/25/2000
to render a fair and impartial verdict." N.C.G.S. § 15A-1212(9) (1999). "It has long been held that the `granting of a challenge for cause rests in the sound discretion of the trial court.'" State v. Hartman, 344 N.C. 445, 458, 476 S.E.2d 328, 335 (1996) (quoting State v. Cunningham, 333 N.C. 744, 753, 429 S.E.2d 718, 723 (1993)), cert. denied, 520 U.S. 1201, 137 L. Ed. 2d 708 (1997); see also State v. Burrus, 344 N.C. 79, 88, 472 S.E.2d 867, 874 (1996); State v. Jaynes, 342 N.C. 249, 270, 464 S.E.2d 448, 461 (1995), cert. denied, 518 U.S. 1024, 135 L. Ed. 2d 1080 (1996). Therefore, absent a showing of abuse of discretion, we will not disturb the trial court's ruling on a challenge for cause. See Hartman, 344 N.C. at 458, 476 S.E.2d at 335.
To determine whether a prospective juror is able to render a fair and impartial verdict, the trial court must be able to "`reasonably conclude from the voir dire . . . that a prospective juror can disregard prior knowledge and impressions, follow the trial court's instructions on the law, and render an impartial, independent decision based on the evidence.'" State v. Sokolowski, 351 N.C. 137, 148, 522 S.E.2d 65, 72 (1999) (quoting Jaynes, 342 N.C. at 270, 464 S.E.2d at 461). In the context of excusing jurors for cause because their views on the death penalty would substantially impair the performance of their duties as a juror, this Court has held:
When challenges for cause are supported by prospective jurors' answers to questions propounded by the prosecutor and by the court, the court does not abuse its discretion, at least in the absence of a showing that further questioning by defendant would likely have produced different answers, by refusing to allow the defendant to question the juror challenged. State v. Oliver, 302 N.C. 28, 40, 274 S.E.2d 183, 191 (1981).
In the instant case, Parker indicated to the prosecutor she could find defendants guilty, the relatively young ages of defendants would not cause her any problem, she could fairly evaluate the evidence despite having family members in law enforcement, she could consider both possible punishments, she could impose a sentence of life imprisonment without the possibility of parole for someone convicted of first-degree murder, she could recommend the death penalty if she felt it was the appropriate punishment, and she could be fair. The prosecutor accepted Parker.
Tilmon's counsel then questioned Parker. Parker indicated she could render a fair judgment from the facts presented; she could maintain impartiality despite seeing the photographs and other evidence; she could maintain impartiality regardless of defendants' or the victims' race or defendants' religion; and she could weigh the aggravating and mitigating circumstances, follow the trial court's instructions, and fairly consider both life imprisonment without parole and the death penalty. Tilmon's counsel accepted Parker.
When Kevin's counsel questioned Parker, however, she became emotional and began to doubt her impartiality.
[COUNSEL FOR KEVIN]: . . . Do you think your -- let's go to that, do you think your nerves might cause you some problems in this trial? Do you think -- I mean do you think there might be something about this trial that will cause you to be so emotional or so distraught that you just won't be able to give it your full attention and be a fair and impartial juror?
[PROSPECTIVE JUROR PARKER]: At the beginning of the week, I probably would have said no, but it seems like the closer it gets, the longer it goes, the more it weighs on my mind, what is actually happening here.
[COUNSEL FOR KEVIN]: You understand this is a serious charge obviously and
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