State v. Fincher

BRANCH, Chief Justice.

Appeal of Fincher

By his first assignment of error, defendant contends the trial court committed reversible error in permitting the State to question prospective jurors regarding their views on the death penalty and excluding for cause those who expressed opposition to it. Defendant argues that this process of “death qualifying” a jury eliminates from consideration for jury service an identifiable segment of the population, thereby violating his sixth amendment right to select a jury from a representative cross-section of the community.

Defendant concedes that this…