Walker v. State

I dissent from the judgment and sentence and from the rulings in Divisions 1 and 8.

1. As to Division 1 of the majority opinion. The rule is as stated in Division 1 of the majority opinion, that jurors are *296disqualified for cause to serve when they unmistakably answer that their reservations toward capital punishment are such that they would never vote to impose the death penalty regardless of the facts in the case.

In this case the following question was asked the jurors: “Have you already decided that should you and your fellow jurors find the defendant guilty of the capital offense charged,…