Guest v. State, 75252
Decision Date | 11 March 1988 |
Docket Number | No. 75252,75252 |
Citation | 367 S.E.2d 105,186 Ga.App. 318 |
Parties | GUEST v. The STATE. |
Court | Georgia Court of Appeals |
Ronald M. Adams, for appellant.
Michael H. Crawford, Dist. Atty., Leonard Geldon, Asst. Dist. Atty., for appellee.
Defendant was indicted for the offense of aggravated assault. The evidence adduced at trial, construed most favorably to support the verdict, was as follows: On July 6, 1986, defendant was an inmate at the Georgia Industrial Institute, a correctional facility of the Georgia Department of Corrections. At approximately 9:30 that evening a violent disturbance broke out among the inmates in the dormitory where defendant resided. During the uprising, defendant stabbed Leslie Jerome Mitchell (the victim) in the right jaw, neck and shoulder with a "philips head screwdriver." From this and other evidence adduced at trial, defendant was found guilty and this appeal followed. Held:
1. In his first enumeration of error, defendant contends "[t]he trial court erred by refusing to hear [his] Challenge to the Array of the Jury, and denying the motion that a new jury be impanelled."
Defendant filed a written motion challenging the array of the traverse jury prior to voir dire. In his motion, defendant alleged that "of seventy-two jurors empaneled to try cases at this setting of the Habersham Superior Court only one is black, or 1.2% of the entire panel [and that the] array of traverse jurors put upon [him] does not represent a fair cross-section of the community of Habersham County, Georgia and thus denies [his] rights under the Fifth, Sixth and Fourteenth Amendments of the Constitution of the United States." The trial court held that this motion was untimely filed and did not conduct a hearing to determine the merits of defendant's motion, although the court did state "[a]ssuming all of these facts are true, I'm going to overrule your motion."
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Prevatte v. French
...the jury array is seated andvoir dire commences is precluded from raising that challenge on direct appeal. See, e.g., Guest v. State, 186 Ga.App. 318, 367 S.E.2d 105 (1988) ("Under Georgia law, a criminal defendant must raise a challenge to the jury array at or before the time the jury pane......
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...personnel are a cognizable group, and the court refused to grant a further continuance on this issue. (a) Citing Guest v. State, 186 Ga.App. 318(1), 367 S.E.2d 105 (1988), Isaacs contends the court erred by setting a deadline for disposing of his jury challenges because (he says) a jury cha......
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...374 (1975). “[A] jury is ‘put upon’ a defendant at the time that the jury array is seated and voir dire commences.” Guest v. State, 186 Ga.App. 318(1), 367 S.E.2d 105 (1988), quoting Spencer v. Kemp, 781 F.2d 1458, 1463 (11th Cir.1986). “[I]n the absence of a timely trial court directive to......
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Anthony v. State
...(for purposes of determining when such a challenge must be made) when the array is seated and voir dire begins. See Guest v. State, 186 Ga.App. 318(1), 367 S.E.2d 105 (1988). Accord Spencer v. Kemp, 781 F.2d 1458, 1463-1465 (11th Cir.1986). As explained by the Eleventh Circuit in Spencer, t......