Greene v. State

469 S.E.2d 129, 266 Ga. 439, 96 Fulton County D. Rep. 972, 1996 Ga. LEXIS 118
CourtSupreme Court of Georgia
DecidedMarch 15, 1996
DocketS95P1366
StatusPublished
Cited by68 cases

This text of 469 S.E.2d 129 (Greene v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greene v. State, 469 S.E.2d 129, 266 Ga. 439, 96 Fulton County D. Rep. 972, 1996 Ga. LEXIS 118 (Ga. 1996).

Opinions

Carley, Justice.

Daniel Greene was convicted of the murder of a customer in a convenience store and he was also convicted of armed robbery and of committing an aggravated assault against the store clerk. As an aggravating circumstance, the jury found that the murder had been committed during the course of the armed robbery and Greene was sentenced to death. OCGA § 17-10-30 (b) (2). For the armed robbery, he received a life sentence and, for the aggravated assault, a 20-year sentence. Greene appeals from the judgments entered by the trial court. 1

Pre-Trial Rulings

1. The trial court did not abuse its discretion in denying Greene’s. motion for funds for investigative assistance, since Greene failed to show that an investigator was necessary to his defense or that his trial was rendered unfair because he was denied funds for investigative assistance. See Isaacs v. State, 259 Ga. 717, 725 (13) (386 SE2d 316) (1989); Rogers v. State, 256 Ga. 139, 145 (8) (344 SE2d 644) (1986).

Likewise, Greene also failed to make a threshold showing that his [440]*440mental health would be an issue in either phase of trial. Compare Bright v. State, 265 Ga. 265 (2) (e), (f) (455 SE2d 37) (1995). Instead, his attorneys merely made conclusory statements that they needed assistance to determine whether Greene’s mental health would be a significant issue, and they offered no evidence or testimony to support those conclusory statements. See Todd v. State, 261 Ga. 766, 772 (11) (410 SE2d 725) (1991); Roseboro v. State, 258 Ga. 39, 41 (3) (d) (365 SE2d 115) (1988). It follows that the trial court did not err in denying Greene’s request for funds for a mental health evaluation.

Jury Selection

2. Greene contends that the trial court erred in excusing five prospective jurors for cause based upon their opposition to the death penalty.

Wainwright v. Witt, 469 U. S. 412 (105 SC 844, 83 LE2d 841) (1985) is the controlling authority as to the death-penalty qualification of prospective jurors and its holding is unmistakably clear and unambiguous. The proper standard for determining when a prospective juror may be excluded for cause because of his or her views on capital punishment

is whether the juror’s views would “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.” We note that, in addition to dispensing with Witherspoon[ v. Illinois, 391 U. S. 510 (88 SC 1770, 20 LE2d 776) (1968),] reference to “automatic” decisionmaking, this standard likewise does not require that a juror’s bias be proved with “unmistakable clarity.” This is because determinations of juror bias cannot be reduced to question-and-answer sessions which obtain results in the manner of a catechism. What common sense should have realized experience has proved: many veniremen simply cannot be asked enough questions to reach the point where their bias has been made “unmistakably clear”; these veniremen may not know how they will react when faced with imposing the death sentence, or may be unable to articulate, or may wish to hide their true feelings. Despite this lack of clarity in the printed record, however, there will be situations where the trial judge is left with the definite impression that a prospective juror would be unable to faithfully and impartially apply the law. . . . [T]his is why deference must be paid to the trial judge who sees and hears the juror.

Wainwright v. Witt, supra at 424-426 (II).

Contrary to Greene’s contentions, the transcript of voir dire does [441]*441not show that any of the prospective jurors were disqualified merely for expressing “qualms” about the death penalty or for “leaning” toward a life sentence. Rather, the prospective jurors were disqualified only after the trial court undertook an exhaustive and conscientious effort to determine whether their views on the death penalty would prevent or substantially impair the performance of their duties in accordance with their instructions and oaths. It is not determinative that, at some point during voir dire, each of the prospective jurors may have given answers which, if considered in isolation, would indicate that his or her opposition to the death penalty was not “automatic.” Likewise, it is not necessary that the disqualification of each of the prospective jurors may not appear with “unmistakable clarity.” The relevant inquiry is whether the trial court’s finding that the proper standard for death-penalty disqualification was met as to each of the prospective jurors is “fairly supported” by the record “considered as a whole.” Wainwright v. Witt, supra at 433 (IV). On review, an appellate court should not substitute its findings for those of the trial court. Wainwright v. Witt, supra at 434 (IV). The conclusion that a prospective juror is disqualified for bias is one that is based upon findings of demeanor and credibility which are peculiarly within the trial court’s province and such findings are to be given deference by appellate courts. Wainwright v. Witt, supra at 428 (III). Applying this controlling authority here, it is clear that, whatever ambiguity may exist in the record of the voir dire, “the trial court, aided as it undoubtedly was by its assessment of [the prospective jurors’] demeanor [s], was entitled to resolve it in favor of the State.” Wainwright v. Witt, supra at 434 (IV).

Greene’s contention that the trial court erred in excusing the prospective jurors is based upon a fundamental misconstruction of Witherspoon v. Illinois, supra. Witherspoon did not create any new ground for challenging a prospective juror in a death-penalty case, but merely addressed the long-recognized ground of disqualification for bias in the context of a death-penalty case. Wainwright v. Witt, supra at 423 (II).

[T]here is nothing talismatic about juror exclusion under Witherspoon merely because it involves capital sentencing juries. Witherspoon is not grounded in the Eighth Amendment’s prohibition against cruel and unusual punishment, but in the Sixth Amendment. Here, as elsewhere, the quest is for jurors who will conscientiously apply the law and find the facts. That is what an “impartial” jury consists of, and we do not think, simply because a defendant is being tried for a capital crime, that he is entitled to a legal presumption or standard that allows jurors to be seated who quite likely will [442]*442be biased in his favor.

Wainwright v. Witt, supra at 423 (II). Because a contrary holding would be based upon an unauthorized “talismatic” interpretation of Witherspoon and a misapplication of the controlling authority of Wainwright, the trial court’s finding that the prospective jurors were disqualified must be affirmed.

3. Greene urges that it was error to fail to disqualify a prospective juror based upon her purported bias in favor of the death penalty. However, this enumeration likewise is controlled by Wainwright

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Cite This Page — Counsel Stack

Bluebook (online)
469 S.E.2d 129, 266 Ga. 439, 96 Fulton County D. Rep. 972, 1996 Ga. LEXIS 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-state-ga-1996.