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Bethea v. State

The trial court did not abuse its discretion in excusing a juror and replacing her with an alternate after she indicated that she had reached an unwavering opinion fewer than two hours into the deliberations and that she no longer wanted to participate.

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Following a jury trial, Anthony Bethea was convicted of voluntary manslaughter1 and concealing the death of another.2 He appeals from the denial of his motion for new trial, contending that the trial court erred by excusing a juror for cause after deliberations began. For the reasons that follow, we affirm.

Construed in favor of the verdict,3 the record shows that Bethea got into a drunken altercation with his roommate, Darrell Bailey, after a night out. The altercation ended when Bethea grabbed Bailey in a choke hold that caused Bailey to die. When Bailey did not revive from the choke hold, Bethea dragged his body to the woods, where it was discovered a few weeks later due to the strong odor of decomposition.

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