X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Reese, Presiding Judge. Kevin Alan Johnson was convicted of one count of burglary in the first degree, two counts of burglary in the second degree, one count of theft by taking, and one count of possession of a knife during the commission of a felony. On appeal, Johnson argues that the trial court erred in declining to strike one of the members of the jury pool for cause. For the reasons set forth infra, we affirm. One of the prospective jurors (“Juror 33″) for Johnson’s trial was the wife of the district attorney. She did not express any bias for or against the State or the defendant during voir dire. Neither the State nor defense counsel asked Juror 33 if her relationship with the district attorney might impact her view of the case. The trial court gave the State and defense counsel the opportunity to question Juror 33 through individual voir dire, but both declined to do so. Defense counsel then moved to strike Juror 33 for cause, arguing that he did not “think it’s possible that she can be unbiased” because she was married to the head prosecutor. The trial court denied the motion. The court found that there was nothing in the record showing possible bias, Juror 33 was an independent professional, and the court would not automatically conflate her views with the district attorney’s. She was put in the pool as a potential alternate juror. Juror 33 was ultimately not selected to the jury and not selected as an alternate. “Whether to strike a juror for cause lies within the sound discretion of the trial judge, and the trial court’s exercise of that discretion will not be set aside absent a manifest abuse of discretion.”[1] “As the trial court’s conclusion regarding bias is based in part on demeanor and credibility, which are peculiarly within the trial court’s province, those findings are to be given deference.”[2] With these guiding principles in mind, we now turn to the Johnson’s specific claim of error. In his sole enumerated error on appeal, Johnson argues that the trial court erred in failing to strike Juror 33 from the jury pool for cause. He contends that her presence in the jury pool violated OCGA § 15-12-135 (a)[3] as an interested party, because of her relationship to the district attorney. In 2018, the Georgia Supreme Court issued new precedent as to what constitutes harmful error when a trial court refuses to excuse a prospective juror for cause.[4] Prior to 2018, a defendant could show harm where they unnecessarily had to use a peremptory strike on a juror that should have been excused for cause.[5] After the Supreme Court’s decision in Willis, however, “a defendant must show on appeal that one of the challenged jurors who served on his or her twelveperson jury was unqualified.”[6] Applying that new rule to the case before it, the Supreme Court held that any error in qualifying two particular jurors was harmless because neither juror ultimately served on the defendant’s jury.[7] In this case, Juror 33 did not serve on Johnson’s twelve-person jury or as an alternate. Thus, any error in qualifying this juror despite her relationship to the district attorney “was harmless, because, based on [Juror 33's] placement on the list of potential jurors and the parties’ combined use and lack of use of their peremptory strikes, [she] never served as a member of [Johnson's] twelveperson jury.”[8] Judgment affirmed. Markle and Colvin, JJ., concur.

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›