Greene v. State

485 S.E.2d 741, 268 Ga. 47, 97 Fulton County D. Rep. 1514, 1997 Ga. LEXIS 171
CourtSupreme Court of Georgia
DecidedMay 5, 1997
DocketS95P1366
StatusPublished
Cited by79 cases

This text of 485 S.E.2d 741 (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, 485 S.E.2d 741, 268 Ga. 47, 97 Fulton County D. Rep. 1514, 1997 Ga. LEXIS 171 (Ga. 1997).

Opinions

Carley, Justice.

A jury found Daniel Greene guilty of murder, armed robbery and aggravated assault. The jury also found, as an aggravating circumstance, that Greene committed the murder during the course of an armed robbery and, based upon that finding, the jury imposed a death sentence for the murder. For the armed robbery, Greene received a life sentence and, for the aggravated assault, a 20-year sentence.

Greene appealed and, in one of his enumerations, he asserted that the trial court erred by excusing five prospective jurors for cause based upon their opposition to the death penalty. Greene v. State, 266 Ga. 439, 440 (2) (469 SE2d 129) (1996). In addressing this enumeration, we initially noted that 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. . . .” Greene v. State, supra at 440 (2). In the course of our subsequent review of the trial court’s specific rulings on the exclusion of the five prospective jurors, we also cited Wainwright v. Witt as “controlling authority.” Greene v. State, supra at 441 (2). Our ultimate conclusion was that “the trial court’s finding that the prospective jurors were disqualified must be affirmed.” Greene v. State, supra at 442 (2). Only Chief Justice Ben-ham and Justice Sears dissented, urging that the trial court erred in finding the prospective jurors were disqualified under the standard established by Wainwright v. Witt.

The Supreme Court of the United States granted Greene’s petition for a writ of certiorari. Greene v. Georgia, 519 U. S._(117 SC 578, 136 LE2d 507) (1996). The Supreme Court held that this Court “correctly recognized that [Wainwright u] Witt is, ‘the controlling authority as to the death[-penalty] qualification of prospective jurors. . . .’ [Cit.]” Greene v. Georgia, supra at 578-579. However, the Supreme Court also held that Wainwright v. “Witt is not ‘controlling authority5 as to the standard of review to be applied by state appellate courts reviewing trial courts’ rulings on jury selection.” Greene v. Georgia, supra at 579. “[T]he Supreme Court of Georgia is free to adopt the rule laid down in [Wainwright v.] Witt for review of trial court findings injury-selection cases, but it need not do so.” Greene v. [48]*48Georgia, supra at 579. Accordingly, the Supreme Court reversed the judgment in Greene v. State, supra, and remanded the case to us for further proceedings not inconsistent with its opinion. Pursuant to that mandate, we now reconsider the issue of the disqualification of the five prospective jurors.

The proper standard for determining the disqualification of a prospective juror based upon his 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.’ ” Wainwright v. Witt, supra at 424 (II). This standard does not require that a juror’s bias be proved with “ ‘unmistakable clarity.’ ” Ledford v. State, 264 Ga. 60, 64 (6) (439 SE2d 917) (1994). Despite a lack of clarity in the record, “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.” Wainwright v. Witt, supra at 425-426 (II). “As the U. S. Supreme Court has recognized, ‘many veniremen simply cannot be asked enough questions to reach the point where their bias has been made “unmistakably clear.” . . .’ [Cit.]” Ledford v. State, supra at 64 (6). Here, the trial court found that the views on capital punishment held by the five prospective jurors were such as to disqualify them. The issue before us is whether the trial court was authorized to find that the prospective jurors’ views would prevent or substantially impair the performance of their duties in accordance with their instructions and oaths.

In Wainwright v. Witt, the Supreme Court also held that, under 28 USC § 2254 (d), a federal court must give deference to a state trial court’s finding of prospective juror bias. As noted, we are not bound by that additional holding in Wainwright v. Witt, since this Court is not a federal court which conducts a habeas corpus review of a state trial court’s findings pursuant to 28 USC § 2254 (d). Nevertheless, we do apply the Wainwright v. Witt standard of review because this Court previously has adopted it as the controlling law of Georgia.

It is because veniremembers “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!,)” [cit.], that deference must be paid to the trial court’s determination of whether the views of a prospective juror will “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.” [Cits.]

Ledford v. State, supra at 64 (6). See also Crowe v. State, 265 Ga. 582, 588 (9) (a) (458 SE2d 799) (1995); Hittson v. State, 264 Ga. 682, 688 [49]*49(6) (h) (449 SE2d 586) (1994); Thornton v. State, 264 Ga. 563, 573 (13) (b) (449 SE2d 98) (1994); Potts v. State, 261 Ga. 716, 722 (8) (410 SE2d 89) (1991); Wade v. State, 261 Ga. 105, 108 (9) (401 SE2d 701) (1991); Spencer v. State, 260 Ga. 640, 641 (1) (c) (398 SE2d 179) (1990) ; Isaacs v. State, 259 Ga. 717, 730 (22) (386 SE2d 316) (1989); Childs v. State, 257 Ga. 243, 249 (7) (357 SE2d 48) (1987); Jefferson v. State, 256 Ga. 821, 824 (2) (353 SE2d 468) (1987). Accordingly, we must now determine whether the trial court erred in excusing the five prospective jurors, giving to the trial court’s findings the deference to which they are entitled under the controlling law of this state. In so doing, we hereinafter paraphrase Greene v. State, supra at 440-442 (2), applying the same legal principles as were originally applied therein, but relying now upon only controlling Georgia authority.

Under that controlling Georgia authority, our review of the trial court’s disqualifications of the prospective jurors must be based upon a consideration of the voir dire as a whole. Crowe v. State, supra at 588 (9) (a); Spivey v. State, 253 Ga. 187, 197, fn. 3 (319 SE2d 420) (1984). Although a prospective juror gives answers which, standing alone, might indicate that his or her opposition to the death penalty is not “automatic,” this is not decisive. Alderman v. State, 254 Ga. 206, 207 (4) (327 SE2d 168) (1985). “A trial court’s determination of a potential juror’s ability to serve is not limited to the juror’s opinion of his own impartiality. [Cit.]” Burgess v. State, 264 Ga. 777, 781 (7) (450 SE2d 680) (1994). Moreover, it is immaterial that the disqualification of a prospective juror does not appear with “unmistakable clarity.”

As has been pointed out, “ ‘determinations of juror bias cannot be reduced to question-and-answer sessions which obtain results in the manner of a catechism.’ [Cit.] Often, the answers of a prospective juror will to some degree be contradictory. [Cit.]” [Cit.]

Jefferson v. State, supra at 823 (2).

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Bluebook (online)
485 S.E.2d 741, 268 Ga. 47, 97 Fulton County D. Rep. 1514, 1997 Ga. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-state-ga-1997.