Ex Parte Dinkins
Ex Parte Dinkins
Opinion
Elbert Dinkins appealed his conviction for possession of marijuana in the first degree. The Court of Criminal Appeals affirmed. 555 So.2d 1198. We granted certiorari review, and we now affirm.
The issue is whether the trial judge erred in refusing Dinkins's challenge of a prospective juror for cause. During voir dire of the venire, a venireman told the judge *Page 1314 that he knew Dinkins from when he (the venireman) had taught school.
Dinkins, appearing pro se, challenged for cause, and the judge denied the challenge. As the venireman was leaving the bench, he stated to Dinkins, "If you had listened to me in school, you wouldn't be here today." Dinkins called the court's attention to the statement, and the judge questioned the venireman about the statement. This questioning consisted of asking him if he could render a fair verdict based upon the evidence. The venireman replied that he could, and the judge denied the challenge again. The defendant used a peremptory challenge to strike the venireman.
The qualification of a juror is a matter within the discretion of the trial court. Clark v. State,
AFFIRMED.
HORNSBY, C.J., and JONES and SHORES, JJ. concur.
HOUSTON, J., concurs in the result.
Reference
- Full Case Name
- Ex Parte Elbert James Dinkins. (Re Elbert James Dinkins v. State).
- Cited By
- 26 cases
- Status
- Published