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Sheets v. State

Because the defendant used eight of 10 strikes against female prospective jurors without striking similarly-situated male prospective jurors, the trial court properly concluded that defendant's reasons for striking the women were pretextual.

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David Ray Sheets was indicted for three counts of first degree vehicular homicide, two counts of driving under the influence of alcohol, reckless driving, and driving while license was suspended. The charges arose when Sheets, who was driving along Steadman Road in Haralson County, smashed into a tree with such great force that his vehicle was sheared in two. Sheets’ sole passenger, his half-brother, Brian Patrick Goodwin, was thrown from the car and struck the pavement head-first. Goodwin suffered massive head injuries and was pronounced dead at the scene. The absence of skid marks demonstrated that Sheets never applied the brakes. A blood test performed on Sheets revealed that his blood-alcohol level was .15 grams percent. Sheets was convicted on all counts.1 He contends the trial court erred in setting aside four of his peremptory jury strikes and in admitting expert testimony that his injuries were consistent with him being the driver of the vehicle. Held:

1. The trial court did not err in determining that the State sustained its burden of proving that Sheets exercised his peremptory challenges in a gender-biased manner.

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