Merneigh v. State

The trial court properly allowed a prospective juror who knew one of the state's witnesses to remain on the jury panel since she said that her relationship with that witness would not necessarily cause her to have a fixed opinion on whether the defendant was guilty.

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A jury found Raymond Merneigh guilty of theft by shoplifting and two counts of aggravated assault. Raising seven enumerations of error which we discuss in detail below, Merneigh appeals from the judgments of conviction entered upon the jury verdicts.

Viewed in the light most favorable to support the jury’s verdict, the evidence presented at trial shows that Merneigh entered a Douglas county Winn-Dixie grocery store where he obtained cigarettes and film from store employees at counters where those items were located. Not long thereafter, one of these employees saw Merneigh in the check-out line, and noticed he only had beer in his shopping cart. The employee told a food manager that a man had cigarettes and had not brought them through the check-out line. The employee approached Merneigh and asked about the cigarettes and film. Merneigh began yelling and left the store, activating the store’s security system alarm as he left. The food manager saw the employee confront Merneigh about the cigarettes, saw Merneigh set off the store alarm as he left the store, and saw Merneigh pull film from his pocket and throw it at the customer service employee. At the time, this food manager was on the in-store telephone with the store manager, who was in his office within the store. The food manager told the store manager about the suspected shoplifter. As the two talked, the store manager heard the store’s security alarm and ran downstairs. The employee and the food manager ran after Merneigh, shouting for him to stop. Merneigh told them to leave him alone or he would hurt them with something he had. As the store manager joined the chase, the employee stopped chasing Merneigh and returned to the store. On her way back to the store, she saw a car parked near the store exit, with meats, cigarettes and other items on the seat. It was later determined that this car belonged to one of Merneigh’s relatives.

Merneigh v. State

The trial court properly allowed a prospective juror who knew one of the state's witnesses to remain on the jury panel since she said that her relationship with that witness would not necessarily cause her to have a fixed opinion on whether the defendant was guilty.

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