Kinney v. State

PIERCE, Chief Judge.

Appellant David Kinney was found guilty of first degree murder, with a recommendation of mercy, and sentenced to life imprisonment. The record shows that six prospective jurors, who were excused for cause, responded that they would not under any circumstances render a verdict that would impose the death penalty and would automatically recommend mercy. Kinney first contends that the lower court committed reversible error by the exclusion of the veniremen opposed to the death penalty, relying on Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed. 776 (1968).

Kinney…