Hood v. McElroy

As the main opinion correctly discusses, this Court has held that the applicable standard of review is whether the trial *338court exceeded its considerable discretion. Indeed, in Holly v. Huntsville Hospital, 925 So.2d 160, 162-63 (Ala.2005), this Court stated:

“ ‘While we agree ... that a juror’s silence during voir dire could be a basis for granting a new trial, we must stress that the initial decision on this issue is within the trial court’s sound discretion. Hayes v. Boykin, 271 Ala. 588, 126 So.2d 91 (1960). Further, the trial court’s decision on this matter will not be disturbed on appeal…