Menefee v. State
| Decision Date | 22 February 1999 |
| Docket Number | No. S98A1783.,S98A1783. |
| Citation | 270 Ga. 540,512 S.E.2d 275 |
| Parties | MENEFEE v. The STATE. |
| Court | Georgia Supreme Court |
OPINION TEXT STARTS HERE
Elaine Templeton McGruder, Atlanta, for Maurice A. Menefee.
Bettieanne C. Hart, Elizabeth A. Baker, Asst. Dist. Attys., Paul L. Howard, Jr., Dist. Atty., Thurbert E. Baker, Atty. Gen., Department of Law, Atlanta, for the State.
Maurice A. Menefee was convicted of felony murder and aggravated assault in connection with the shooting death of Darryl Molder.1 He appeals from the judgment of conviction. Because the trial court abused its discretion in failing to grant defendant's motion to strike for cause a juror who could not lay aside feelings of racial prejudice against Menefee, defendant is entitled to a new trial.
Menefee fatally shot Molder in the arm and chest as Molder stood talking on a payphone in an apartment complex parking lot. Both lived with their respective girl friends in the same apartment complex and competed in selling illegal drugs. Molder had recently moved into the complex and tension existed between the two men due to their competition in the drug trade.
The day before the shooting, Menefee's girl friend's child had crawled underneath a car belonging to Molder's girl friend to retrieve a ball. Molder's girl friend accidently struck the child with her car; however, the child was not seriously harmed. Upon learning of the incident, the child's mother reported it to the police. Immediately thereafter, Molder and his girl friend went to Menefee's apartment, where she explained that the incident had been unintentional and apologized for it. During that visit, a gun was visible in Molder's pocket and he was observed clicking the safety on and off. In addition, Molder had words with Menefee's girl friend saying that "ain't nothing wrong with your fucking child." Menefee was also present and witnessed the exchange. He later told his girl friend that he perceived Molder's conduct as a threat, and that he was "tired of [Molder] threatening us like that."
The following morning Menefee's girl friend heard a gunshot and ran from her apartment to the street to investigate. She observed Molder talking on a payphone. Menefee approached Molder, shot him twice, and then fled the state. Several other persons witnessed the shooting. While awaiting an ambulance, Molder was able to tell onlookers that "Maurice shot me."
1. The evidence was sufficient under the standard of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), to enable a rational trier of fact to find Menefee guilty beyond a reasonable doubt of felony murder.
2. In response to a general voir dire question whether one had been the victim of a crime, a prospective juror disclosed that several years earlier she had been attacked at gunpoint and kidnapped, but succeeded in escaping from her attacker. Upon inquiry by defense counsel, the juror acknowledged that this experience would affect her service, adding that "there is [sic] racial issues involved." When asked to explain, the juror stated that "the person that attacked me was a black man and I would have to be able to overlook that." Upon further inquiry about her feelings concerning the defendant's race and her earlier experience, she responded, "I don't really want to admit it, how I feel ... prejudiced probably would be the way." She then unequivocally stated that she harbors prejudice toward the defendant because of the encounter with her attacker. After defense counsel moved to strike the juror for cause, the court inquired whether she could set aside her previous experience and decide this case solely on the evidence and the court's instructions, to which she responded, "I would like to try ... it's hard to say absolutely." Upon further questioning by the court, the juror merely stated that her feelings were something she "would have to deal with." In response to a follow-up question by the prosecutor as to whether she believed the defendant is guilty of the crime charged merely because he is an African-American male, the juror responded, "it crossed my mind." She then revealed that the reason it crossed her mind was because of her prejudice against the defendant based on his race. As defense counsel attempted to renew her motion, the court anticipated the request and again denied it.
In order to disqualify a prospective juror for cause on the basis that she could not fairly and impartially judge the case, the opinion must be so fixed and definite that it would not be changed by the evidence or the charge of the court during the trial of the case. Garland v. State, 263 Ga. 495(1), 435 S.E.2d 431 (1993); Johnson v. State, 262 Ga. 652(2), 424 S.E.2d 271 (1993).
Although we recognize that the "`"determination of impartiality, in which demeanor plays such an important part, is particularly within the province of the trial judge"' [cit.]," Arnold v. State, 236 Ga. 534, 539(6), 224 S.E.2d 386 (1976), and absent a manifest abuse of this discretion, we cannot require a new trial, Diaz v. State, 262 Ga. 750(2), 425 S.E.2d 869 (1993), we nevertheless conclude that the questioning of the prospective juror failed to elicit the necessary response that she would be able to lay aside her prejudices and personal experiences and fairly and impartially decide the case on the evidence presented at trial. Garland, supra; Diaz, supra. Compare Holmes v. State, 269 Ga. 124(2), 498 S.E.2d 732 (1998) (); Garland, supra; Johnson, supra. Because the juror expressed a distinct racial bias against the defendant, we cannot conclude that she merely had "doubts" or "reservations" as to her ability to put aside personal experiences. Since Menefee was denied a full panel of 42 qualified jurors, his conviction must be reversed. Walker v. State, 262 Ga. 694(2), 424 S.E.2d 782 (1993).
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