Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Zellmer v. State

Death penalty defendants are entitled to question prospective jurors to determine whether they are willing to consider a sentence of life without parole.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This is an interim appellate review of a case in which the State seeks the death penalty. Michael Zellmer and Robert Spickler allegedly killed Bruce Belville by striking him on the head during a robbery. Pursuant to the unified appeal procedure for capital felonies, OCGA § 17-10-35.1, we granted their applications for interim appeal to determine whether the trial court erred in ruling that appellants did not have the right to voir dire prospective jurors regarding their willingness to consider both of the non-death sentencing options, life without parole and life imprisonment.

1. Prior to the adoption in 1993 of OCGA § 17-10-31.1, which sets forth a three-tiered sentencing structure for murder that includes life without parole as a sentencing option, this Court allowed trial courts to limit voir dire questioning on the topic of parole because jurors’ views on the appropriateness of parole eligibility were “extraneous to their ability to serve.” Burgess v. State, 264 Ga. 777, 780 3 450 SE2d 680 1994; Davis v. State, 263 Ga. 5 7 426 SE2d 844 1993. However, pursuant to the enactment of OCGA § 17-10-31.1, juries in capital cases are required to determine the parole eligibility of those defendants who do not receive a death sentence in that subsection d obligates the trial court to instruct the jury on the meaning of and differences between life with parole and life without parole and the defendants’ parole eligibility under these two alternatives. Turner v. State, 268 Ga. 213 6 486 SE2d 839 1997.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs