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Lindsey v. State

The defendant could not show that he was harmed by the trial court's refusal to excuse a juror who was acquainted with the victim's mother since the juror was subsequently excused for hardship.

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A jury convicted Shanard Lindsey of malice murder in the shooting death of Christopher Warthen.1 Lindsey appeals, contending that the trial court erred in failing to excuse a juror who was acquainted with the victim’s mother. Because the juror was later excused for hardship, we affirm.

The evidence at trial showed that Lindsey, Warthen, Kelly Roberson, and Willie James Roberson were attending a birthday party for Michael Gates. Lindsey accused Warthen of stealing his car. Kelly Roberson tried to prevent an argument, but instead ended up in a fight with Lindsey. The party broke up after the fight, and Gates, Willie James Roberson, and Warthen went to Gates’s grandmother’s house. Lindsey left the party in a car driven by Will Muhammad. Later, Lindsey drove by Gates’s grandmother’s house when Warthen, Gates and Roberson were in the front yard. Lindsey parked his car on a side street, approached the house on foot, and shot Warthen multiple times, killing him.

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