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Kirkland v. State

Defense counsel was ineffective for failing to seek to strike eight venire persons who were stockholders of the Home Depot because defendant was charged with burglaries at Home Depot stores.

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James Kirkland was charged in a multi-count indictment and convicted by a jury of various crimes committed at several locations throughout metro Atlanta, including burglaries at Home Depot stores, and armed robbery of a Home Depot store manager. Home Depot, Inc. was a named victim in the indictment.

During jury selection, the court asked the venire members general qualifying questions, including whether “any of you now or have ever been officers, directors, shareholders, or employees of Home Depot.” Eight members of the panel responded affirmatively to that question. Instead of seeking to strike those eight venire persons for cause, Kirkland’s counsel used peremptory strikes to remove five of them. One Home Depot shareholder actually served on the jury because counsel had exhausted his allotment of peremptory strikes.

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