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Nance v. State

The trial court should have dismissed a prospective juror who stated she would always impose the death penalty if the defendant was convicted and the state proved aggravating circumstances.

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A jury convicted Michael Wayne Nance of malice murder, felony murder, aggravated assault, theft by taking, criminal attempt to commit armed robbery, and possession of a firearm during the commission of a felony. The jury recommended a death sentence for the malice murder conviction after finding beyond a reasonable doubt two aggravating circumstances: the offense of murder was committed by someone with a prior record of conviction for a capital felony, OCGA § 17-10-30 b 1; and the offense of murder was committed while the defendant was engaged in the commission of an armed robbery. Id. at b 2. The trial court sentenced Nance to death and he appeals.1

1. The evidence adduced at trial shows that Nance stole a 1980 Oldsmobile Omega and drove to the Tucker Federal Savings and Loan on December 18, 1993. He entered the bank wearing a ski mask and gloves and carrying a .22 caliber revolver. While ordering the tellers to put money into two pillowcases he had brought with him, he said “no dye money or I’ll kill you” and “I’m going to come back and kill you all if the dye thing goes off.” Despite Nance’s threats, the tellers managed to slip two dye packets in with the money. Nance exited the bank and got into the Oldsmobile where the dye packets activated, emitting red dye and tear gas. Nance abandoned the Oldsmobile holding the gun in his right hand covered by a plastic trash bag. His ski mask and the dye-stained bags of money were left in the car.

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