Fowlkes v. State

After being sentenced to a term of twenty years for the assault conviction, and to a consecutive term of three years for the handgun conviction, appellant noted this appeal. As I believe the trial court’s refusal to pose the voir dire question requested by appellant constituted an abuse of discretion, I respectfully dissent.

Defense counsel asked the trial court to inquire of the venire panel whether it could deliver at fair and impartial verdict, despite its sympathy for the victim.1 Following this request, the following colloquy ensued:

STATE: In other words what Counsel is asking is if you…