Warner v. State

LUMPKIN, Presiding Judge:

concur in results.

1 I concur in the results reached by the Court and agree this case must be reversed and remanded for a new trial, However, I write separately to address the following concerns.

T2 I agree with the Court's analysis that prospective juror Scott MecKinnis should *576have been excused for cause, based on his bias in favor of the death penalty. Under the requirements set forth in Morgan v. Illinois, Wainwright v. Witt and Adams v. Texas, prospective juror McKinnis should have been exeused for cause. - Because Mr. McKinnis was not removed, defense counsel was…