X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Lief Garrett was convicted of malice murder, felony murder and possession of a knife during the commission of a crime in connection with the the fatal stabbing of Tyreek Seivwright. He filed a motion for new trial which was denied, and he appeals.1 Finding no error, we affirm. 1. The evidence authorized the jury to find that on the day of the crimes, appellant accused the victim, who was a member of a rival gang, of “putting a hit” on him. The victim denied taking out a hit but agreed to take appellant to the person who did. Appellant then turned and fatally stabbed the victim. Viewing the evidence in the light most favorable to the verdict, we find that a rationale trier of fact could have found appellant guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

2. Appellant contends that the trial court erred by refusing to disqualify for cause a juror who had been the victim of an armed robbery. Although the juror expressed some concern as to the affect the incident might have on him, when specifically asked, the juror responded that nothing about his experience would make it difficult for him to be “fair and impartial” and upon further questioning he stated that he “would not be partial.” A trial court is not required to strike for cause a potential juror who expresses “reservations about his or her ability to set aside personal experiences. Cits.” Wilson v. State , 271 Ga. 811, 815 525 SE2d 339 1999. See Anderson v. State , 276 Ga. 389 2 578 SE2d 890 2003. The juror unequivocally stated he could be unbiased and impartial and nothing in the voir dire transcript indicates that the prospective juror’s opinion was “so fixed and definite that the juror would have been unable to set the opinion aside and decide the case based upon the evidence and the court’s instructions.” Footnote omitted. Head v. State , 276 Ga. 131, 133 2 575 SE2d 883 2003. Accordingly, it was not an abuse of the court’s discretion to refuse to strike the juror for cause. See Somchith v. State , 272 Ga. 261 2 527 SE2d 546 2000 whether to strike potential juror for cause is left to trial court’s discretion.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›