Legal Opinion · Dissent

Arnold v. State

Court of Appeals of Georgia

Decided July 7, 2005No. A05A0222Published

1DissentBlackburn, Presiding Judge

Because the record unequivocally shows that the trial court had a sound legal basis for dismissing one juror who cursed at and demeaned other jurors, our standard of review mandates a finding that the trial court did not abuse its discretion in this case. As such, I respectfully dissent from Division 2 and must therefore dissent from the judgment reached by the majority.

In cases such as this, our longstanding standard of review requires us to defer to the trial court’s discretion in excusing a juror for cause. Atrial court, in its discretion, may dismiss a juror who for “good cause shown to…

2Cases cited7 opinions

  1. Sears v. StateSupreme Court of Georgia · 1999
  2. Mayfield v. StateSupreme Court of Georgia · 2003
  3. Herring v. StateCourt of Appeals of Georgia · 1997
  4. Baptiste v. StateCourt of Appeals of Georgia · 1989
  5. McGuire v. StateCourt of Appeals of Georgia · 1991

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API