JURY SELECTION
Bills, Kassie Lakei v. State, COCA Case No.
F-2009-404
(May 5, 2011)
(Jury Selection; Jury Instructions, Other) Preliminary discourse from trial
court during voir dire on how to handle potential deadlock was plain error.
Reversed and remanded for new trial.
Carr, Kendall Dewayne v. State,
COCA Case No. F-2006-1208 (September
23, 2008)
(Jury Selection) Defendant forced to use a peremptory to remove an objectionable
juror (a police officer), which forced him to keep an unsuitable juror. Reversed
and remanded for a new trial.
Frye, Bobie Troy v. State, COCA Case No.
F-2009-998
(May 5, 2011)
(Jury Selection; Fines, Fees and Costs) Limitation of 30 minutes for Voir
Dire not reasonable and an abuse of discretion. In issue of first impression,
court finds that non-capital defendants must be allowed to voir dire on
sentencing bias (when jurors would consider full range of punishment). Failure
to give instruction re: no adverse inference from defendant’s failure to
testify, which was requested, is a constitutional and plain error. Imposition of
$1,000 fine by court (when jury failed to assess one) was error and must be
vacated.
Gibbs, Franklin Lee, Jr. v. State,
COCA Case No.
F-2004-649 (March 9, 2006)
(Jury Selection; Due Process; Prosecutorial Misconduct) Denial of statutory
peremptories is structural error, not subject to harmless error review. Also,
first degree murder cases cannot be enhanced under the habitual offender act.
Reversed and remanded for new trial.
Golden, Ryan v. State,
COCA Case No. F-2004-582 (January 10, 2006)
(Jury Selection) Failure to afford defendant in first degree murder case the
statutorily-set 9 peremptories is a structural error, not subject to harmless
error review. Reversed and remanded for new trial.
Johnson, Armand Rashawn v. State, COCA Case No.
F-2008-763 (July 24, 2009)
(Due Process; Jury Selection) Trial court abused his discretion in the
manner voir dire was conducted; and with premature comments about the
deliberation process which effectively became a pre-emptive Allen charge.
Reversed and remanded for new trial.
Jones, Ralph Emerson, Jr. v. State, COCA Case No.
F-2005-619 (March 7, 2006)
(Jury Selection; Due Process) Failure to afford defendant the
statutorily-set 5 peremptories is a structural error, not subject to harmless
error review. Reversed and remanded for new trial.
Layman, Clonnie A. v. State,
COCA Case No.
F-2004-198 (February 28, 2005)
(Jury Selection) Trial court erred in not requiring State to assert a
race-neutral reason for excluding a juror with a peremptory challenge. Reversed
and remanded for new trial.
McKee, Ronald,
F-1999-36, (Jan. 26, 2000)
(Jury Selection, Batson issue)
Newton, David Jewel v. State,
COCA Case No. F-2002-1546 (January 9, 2004)
(Jury Selection; Ineffective Assistance of Counsel) Failure to excuse police
officer from sitting on jury was error by the trial court and IAC. Conviction
for Rape and 458 year sentence reversed and remanded for new trial.