Meeks v. State

605 S.E.2d 428, 269 Ga. App. 836, 2004 Fulton County D. Rep. 3295, 2004 Ga. App. LEXIS 1319
Court of Appeals of Georgia·Decided October 4, 2004·No. A04A0862·Published·Cited by 7 cases

Opinion

Barnes, Judge.

A jury found David Meeks guilty of two counts of aggravated sodomy, two counts of aggravated child molestation, child molestation, and aggravated sexual battery. Meeks appeals, contending that the trial court erred during counsel’s examination of prospective jurors. For the reasons that follow, we affirm.

1. Meeks contends the trial court abused its discretion by restricting the questions he could ask prospective jurors. “The conduct of voir dire is within the discretion of the trial court, and his rulings [837] are proper absent some manifest abuse of his discretion. [Cit.]” Gatlin v. State, 236 Ga. 707-708 (2) (225 SE2d 224) (1976). OCGA § 15-12-133 delineates the proper scope of questions during jury selection and provides:

[Cjounsel for either party shall have the right to inquire of the individual jurors examined touching any matter or thing which would illustrate any interest of the juror in the case, including any opinion as to which party ought to prevail, the relationship or acquaintance of the juror with the parties or counsel therefor, any fact or circumstance indicating any inclination, leaning, or bias which the juror might have respecting the subject matter of the action or the counsel or parties thereto, and the religious, social, and fraternal connections of the juror.

The record shows that at the start of voir dire, the prospective jurors were told that Meeks was charged with child molestation, sodomy, and sexual battery. The trial court asked the jurors as a whole the following questions, to which no juror answered in the affirmative:

Has anybody who’s been called here as a juror for any reason formed or expressed any opinion about this case?
Have you any prejudice or bias resting on your mind either for or against the Defendant?
Are your minds perfectly impartial between the State and the Defendant? If they’re not, let me know now.

Counsel and the trial court then agreed that the trial court would ask the following question of potential jurors during individual sequestered questioning: “Have you, any member of your family, or a close friend ever been involved in a child molestation case?” The trial court then explained that if a juror answered “yes,” it would ask if it would prevent the juror from being fair and impartial. If a juror responded “yes,” to this question, the trial court explained that it would excuse the juror and that if the juror answered “no,” it would allow defense counsel to ask follow-up questions.

The following then transpired when the first potential juror was questioned individually:

THE COURT: Have you, any member of your family, or a close friend ever been involved in a child molestation case?

[838] [JUROR]: No, sir.

THE COURT: Okay. Now he’s qualified along that line, so the State can use you. . . .
[DEFENSE COUNSEL]: [Juror], do you have any strong feelings about a child molestation/sexual abuse case that would make it difficult for you to judge a case like this?
[JUROR]: Yes.
[DEFENSE COUNSEL]: Okay. Are they such that —
[PROSECUTOR]: I would object because that question had already been asked and answered by the Court when he asked this general question as to whether or not anyone had formed or expressed an opinion about the case as to the guilt or innocence of the accused.
THE COURT: I agree with you, but I want to ask this question. Do you think you could sit and listen to the evidence and make your mind based solely upon the evidence in this case?
[JUROR]: Possibly. That would be hard for me to do.
THE COURT: Well, see —
[JUROR]: I guess being a tender-hearted person and really the way I feel about kids and for someone to —
THE COURT: Well, wait.
[JUROR]: Okay.
THE COURT: Before you get into that, I’ve got to phrase it into questions that actually say this.
[JUROR]: All right.
THE COURT: Do you understand that everyone is innocent until proven guilty?
[JUROR]: Yes, sir. Yes, sir.
[THE COURT]: So if you look at that this this [sic] gentleman is innocent until the State carried its burden of proof, would you be able to sit and listen to the evidence and make up your mind based solely upon the evidence presented in the courtroom?
[JUROR]: Yes, sir.
THE COURT: Okay, any other questions?
[DEFENSE COUNSEL]: Have you had experience, life experience, in dealing with children?
[JUROR]: Both my boys were home taught. One is being home taught now.
THE COURT: That doesn’t have anything to do with it.
[JUROR]: That wouldn’t have anything? Okay.
[DEFENSE COUNSEL]: Now, the Judge asked you — understand your feelings about this —
[839] THE COURT: I’ve already asked him that, [defense counsel]. Don’t repeat this, now.
[DEFENSE COUNSEL]: I understand. I have no further questions.

Before the next potential juror was questioned, the trial court and counsel had the following discussion about the trial court’s limitation on the scope of voir dire:

THE COURT: We’ve got to get this nailed down. There’s not a civilized person in the world — and you may put that on the record — that I can conceive of that would not have strong feelings about child molestation.
[DEFENSE COUNSEL]: Yes, sir.
THE COURT: These folks have already said they could be fair and impartial. So I don’t want any strong feelings questions. If they don’t have any involvement with a friend, a member of the family, or themselves with child molestation, I don’t want to start bleeding their emotions with questions that tend to bring in their feelings that are not yet in the case because it’s just going to boil down to exactly what I said. He’s innocent until proven guilty. You saw how quickly he caught onto that and, of course, everybody feels strongly about child molestation, I do and I’m sure everybody else does, but we want to see the evidence first.
[DEFENSE COUNSEL]: I understand, Judge, but I think it’s a fair question. We’re trying to look at people and how their reactions are going to be and I think it’s a fair question for us to ask. “Do you have such strong feelings about this that it’s going to impair your judgment?”

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Meeks v. State, 605 S.E.2d 428, 269 Ga. App. 836, 2004 Fulton County D. Rep. 3295, 2004 Ga. App. LEXIS 1319 (Ga. Ct. App. 2004).

605 S.E.2d 428 (Meeks v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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