State v. Smart

Lewis, Chief Justice:

The defendant is charged with murder and the State seeks the death penalty. In anticipation of trial, the defendant moved for an order (1) prohibiting the State from voir dire examination of jurors and (2) requiring the State to open its file to defendant for unlimited discovery. Both motions were granted and the State has appealed.

The lower court, in prohibiting the State from voir dire examination of jurors, reasoned that the absence of any reference in Section 16-3-20(D), 1976 Code of Laws, as amended, to a right of the State to examine jurors in death cases impliedly…