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Keywords

defendantappealhearingtrialverdictdiscriminationlife imprisonment
defendantappealtrialverdictappellant

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Akin v. State, 698 So.2d 228, 78 A.L.R.5th 607

Facts

Joseph Dewey Akin was convicted of murdering Robert Price by injecting him with a lethal dose of lidocaine while employed as a nurse at Cooper Green Hospital. The trial court had previously ruled that there was no evidence of racial discrimination in jury selection after a remand for an evidentiary hearing. During the trial, Akin's defense challenged a juror who expressed a fixed opinion about the case based on pretrial media coverage, which the court denied. Akin was sentenced to life imprisonment.

The appellant, Joseph Dewey Akin, a nurse employed by Cooper Green Hospital, was convicted of murdering Robert Price by administering a lethal dose of the drug lidocaine into his body.

Issue

Did the trial court err in denying the defendant's challenge for cause of a juror who had a fixed opinion about the case based on pretrial publicity?

The appellant argues that the trial court erred in denying his challenge for cause of a juror, M.M. We agree.

Rule

A juror should be removed for cause if they have a fixed opinion as to the guilt or innocence of the defendant that would bias their verdict, and the test is whether the juror can eliminate the influence of their previous feelings and render a verdict according to the evidence.

Section 12–16–150, Code of Alabama 1975, provides: 'It is good ground for challenge of a juror by either party: … (7) That he has a fixed opinion as to the guilt or innocence of the defendant which would bias his verdict.'

Analysis

The court found that the juror, M.M., had formed an opinion about the case based on media coverage and expressed doubt about her ability to set aside that opinion to render a fair verdict. The court concluded that the trial court erred in not granting the challenge for cause, as M.M.'s fixed opinion could bias her judgment.

M.M. stated that based on what she had read in the newspaper and seen on television, she had formed an opinion in the case. Furthermore, when asked if she could put her opinion aside and render a verdict based on the evidence, she responded, 'Probably not.' M.M. further indicated her bias against the appellant in response to one of counsel's questions.

Conclusion

The Court of Criminal Appeals reversed the trial court's judgment and remanded the case for a new trial due to the improper denial of the juror challenge.

Based on these findings, the trial court erred in failing to grant the appellant's challenge for cause against M.M.

Who won?

Joseph Dewey Akin prevailed in the appeal because the court found that the trial court had erred in denying his challenge for cause against a biased juror.

The Court of Criminal Appeals reversed the trial court's judgment based on this issue.

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