Opinion

Brown v. State

  • 571 So. 2d 353
  • 1990 Ala. LEXIS 957
  • 1990 WL 212399
Court
Supreme Court of Alabama
Filed
Nov 16, 1990
Status
Published
Author
Steagall
On the bench
Hornsby, Maddox, Jones, Almon, Shores, Adams, Houston, Steagall
Cited by
15 cases
Authority
More cited than 26.8%

Vacated by Gidney v. Camden County Prosecutor's Office, 501 U.S. 1202 (1991)

The opinion

STEAGALL, Justice

(dissenting).

Alabama courts have long held that individual voir dire examination of prospective jurors is not mandatory, even in a capital case, but, rather, that the decision to allow a request for individual voir dire lies within the sound discretion of the trial court. Whisenhant v. State, 555 So.2d 219 (Ala.Cr.App.1988), affirmed, Ex parte Whisenhant, 555 So.2d 235 (Ala.1989), cert. denied, — U.S. -, 110 S.Ct. 3230 , 110 L.Ed.2d 676 (1990); Hallford v. State, 548 So.2d 526 (Ala.Cr.App.1988), affirmed, Ex parte Hallford, 548 So.2d 547 (Ala.1989), cert. denied, — U.S. -, 110 S.Ct. 354 , 107 L.Ed.2d 342 (1989); Bell v. State, 475 So.2d 601 (Ala.Cr.App.1984), affirmed, 475 So.2d 609 (Ala.1985), ce rt. denied, 474 U.S. 1038 , 106 S.Ct. 607 , 88 L.Ed.2d 585 (1985).

During its voir dire examination, the trial court had the opportunity on three occasions to observe the members of the venire and to consider their responses to the voir dire questions. Because the trial court was in a better position to understand and evaluate the events that took place during voir dire examination, I believe that court •should be allowed to decide whether individual voir dire examination was required. In my opinion, the trial court did not abuse its discretion in denying the request for individual voir dire examination in this case. Hallford, supra.

Therefore, I respectfully dissent from the order quashing the writ. I would review this case and reverse the Court of Criminal Appeals’ holding requiring individual voir dire examination of jurors.

HOUSTON, J., concurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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