Wolf v. Sundquist

OPINION

KOCH, Judge.

This appeal involves the right of persons unalterably opposed to the death penalty to serve as jurors in capital murder eases. Two persons who had been excused for cause in separate capital eases filed suit in the Circuit Court for Davidson County, seeking a declaration that excusing prospective jurors who, as a matter of religious conscience, could not consider imposing the death penalty violated the prospective jurors’ constitutional rights. The trial court dismissed the complaint, and the jurors appealed. We have determined that the practice of excluding jurors whose…