State v. Ivey

I respectfully dissent. I would affirm appellant’s convictions, but I would reverse and remand for a new sentencing proceeding.

Based upon the non-definitive nature of Juror Young’s response to the court that her ability to be fair and impartial “should not” be affected by the fact that she knew Fletch, and the cursoriness of the trial judge’s examination, I would hold that the trial judge erred in failing to allow further examination of Juror Young. (Emphasis added.) During the following portion of his guilt phase cross-examination Vincent Neumon, appellant’s accomplice, admitted that he…