Stewart v. State

The trial court properly curtailed the defendant's voir dire questioning regarding the jurors' experiences with self-defense.

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David Lamar Stewart appeals following his conviction for aggravated assault. On appeal, Stewart asserts that the trial court improperly limited his voir dire and raises two challenges to the trial court’s charge to the jury. Because we find no error, we affirm. In October 2000, Stewart was sitting with friends at the Huddle House Restaurant in Athens, Georgia, when he got into an argument with Joe Alvin Brown. In the course of the argument, Stewart struck Brown in the face with a sugar shaker between one and five times. Brown suffered lacerations to his scalp and nose, significant bruising to his right eye, and acute blood loss, and accompanying symptoms. Stewart was charged with aggravated assault pursuant to OCGA § 16-5-21 a 2, which prohibits a person from assaulting another with “any object, device, or instrument” which, when used offensively against a person, is likely to result in serious bodily injury.

1. Stewart contends that the trial court erred in limiting his voir dire questions regarding the jury’s experience with self-defense. During voir dire, Stewart’s attorney asked a prospective juror whether he knew anyone who had acted in self-defense. After the state began to interrupt the questioning, the trial court expressed concern as to whether that question exceeded the proper scope of voir dire examination. After further discussion, the trial court allowed Stewart’s counsel to ask whether a juror knew anyone who acted in self-defense, but did not allow follow-up questioning to elicit a description of that experience. Stewart asserts that more detailed information would have aided his counsel in exercising peremptory strikes and could have possibly revealed a juror’s “interest, inclination, leaning or bias” that could have necessitated a strike for cause.

Stewart v. State

The trial court properly curtailed the defendant's voir dire questioning regarding the jurors' experiences with self-defense.

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