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Riddles v. State

Defendant failed to establish a flaw in the jury selection process, even though his jury array was only 7.9 African-American while the county population as a whole was 28-30 percent African-American, since the entire jury pool was within the 5 percent guideline.

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Randy Riddles appeals his conviction of violating OCGA § 16-13-30 b by selling marijuana, asserting that 1 the 38-member panel of potential jurors contained a percentage of blacks that was disproportionately small compared with the percentage of blacks qualified to serve as jurors in the county, 2 the State failed to prove the chain of custody of the suspected controlled substance, and 3 he did not forfeit the right to open and close closing argument merely by playing a portion of a videotape during re-cross-examination of a State’s witness. Viewing the record in the light most favorable to the conviction, and for the reasons that follow, we affirm.

1. The record shows that, before beginning jury selection, Riddles, who is black, challenged the panel of potential jurors on the ground that only three of the 38 7.9 were blacks, but the percentage of blacks in the population of the county was “probably . . . around 28 to 30 percent based on a 1990 census information.” The court overruled his challenge and denied his subsequent motion for mistrial, stating that

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