LESTER v. the STATE.
LESTER v. the STATE.
Opinion
*618 Marquis Lester was indicted for aggravated battery ( OCGA § 16-5-24 ) and aggravated assault ( OCGA § 16-5-21 ) for striking a woman in the face with a pool stick (also known as a pool cue), ultimately resulting in the loss of her eye. The jury found Lester guilty of aggravated assault and not guilty of aggravated battery. Lester appeals his conviction and the denial of his motion for new trial, contending that the trial court abused its discretion when it barred Lester's counsel from asking certain questions during voir dire, thereby denying Lester the opportunity to expose possible bias in the potential jurors, and that the trial court erred in denying Lester's *619 motion to strike the venire after the State displayed demonstrative versions of a pool stick in the courtroom during voir dire. For reasons that follow, we affirm.
On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict.
Jackson v. Virginia
,
Lester testified at trial and admitted hitting the victim with the pool stick, but claimed that he was acting in self-defense. He testified that he was not trying to hurt her.
1. Lester contends that the trial court abused its discretion by refusing to let him ask potential jurors two questions-(1) Is there anyone here who believes that a woman cannot be the aggressor in an argument with a man? and (2) Is there anyone here who believes a man cannot defend himself from physical violence by a woman? He *620 argues that the trial court's ruling denied him the opportunity to expose possible bias in potential jurors.
The limits a court may place on voir dire questions lie largely within the sound
*924
discretion of the court, and we will not interfere with the exercise of that discretion unless it is manifestly abused.
Ganas v. State
,
... In all criminal cases, both the state and the accused shall have the right to an individual examination of each prospective juror from which the jury is to be selected prior to interposing a challenge. The examination shall be conducted after the administration of a preliminary oath to the panel or in criminal cases after the usual voir dire questions have been put by the court. In the examination, the counsel for either party shall have the right to inquire of the individual prospective jurors examined touching any matter or thing which would illustrate any interest of the prospective juror in the case, including any opinion as to which party ought to prevail, the relationship or acquaintance of the prospective juror with the parties or counsel therefor, any fact or circumstance indicating any inclination, leaning, or bias which the prospective juror might have respecting the subject matter of the action or the counsel or parties thereto, and the religious, social, and fraternal connections of the prospective juror.
"Voir dire should allow both parties an opportunity to ascertain the ability of the prospective jurors to decide the case on its merits, with objectivity and freedom from bias and prior inclination." (Citation and punctuation omitted.)
Anderson v. State
,
Lester argues that the questions permitted by the trial court were insufficient to expose bias in the potential jurors and that his questions should have been permitted because the subject matter of the action was an altercation between a man and a woman, and the man claimed self-defense. Thus, Lester's proposed questions sought juror's impressions of his defense in this case. This Court has previously held that the trial court did not abuse its discretion in refusing to allow questions designed to find jurors willing to accept a particular defense. See
Stewart v. State
,
And this is not a case in which the trial court foreclosed all inquiry concerning the subject matter to which the questions were directed. The entire panel was asked the following: "Is there anyone here who has had to defend themselves or others from physical violence?"; "Has anyone been involved in a physical altercation with a member of the opposite sex?"; and "Has anyone witnessed a physical altercation between members of the opposite sex?" During individual voir dire, Lester's counsel was permitted to follow up on those questions and specifically asked numerous prospective jurors if the woman was the aggressor in the fights they had witnessed. After reviewing the record, we conclude that the thorough voir dire in this case was sufficient to ascertain the fairness and impartiality of the prospective jurors, and find no manifest abuse of discretion by the trial court. See
Sallie v. State
,
2. Lester contends that the trial court erred in denying his motion to strike the venire after the State displayed demonstrative versions of a pool stick in the courtroom during voir dire. He argues that the presence of the pool sticks constituted an improper influence on the jurors.
During voir dire, two of the potential jurors who answered affirmatively when asked if they had any prejudice or bias either for or against the accused mentioned the presence of the pool sticks. When questioned individually, Juror 29 stated that he saw the two pool *925 sticks and started to put a story together in his mind about how Lester had hit somebody with it. When asked if he recalled that the judge had read the indictment of the charges and stated that the State is alleging that Lester struck someone with a pool stick, Juror 29 said that he did. The prosecutor then asked if the statement from the judge would have gotten him to the same place even if he had not seen the pool sticks, and Juror 29 said "I believe so." Lester's counsel moved to strike Juror 29 for cause, and the trial court denied the motion. Lester's counsel then moved to strike the entire panel, arguing that the jurors had been tainted as far as what the evidence may be in this case. The trial court denied the motion. *622 Juror 36 was also questioned individually and stated that the combination of seeing the pool sticks and hearing the information about the charges caused her to raise her hand when asked if her mind was perfectly impartial. She said that she is a visual person and has a weak stomach so "the whole pool stick to the eye really got me. ..." When questioned by the defense, Juror 36 stated that her opinion was that "he probably did do that because you only have two witnesses and they named like eight, and they had doctors." Neither Juror 29 nor Juror 36 served on the jury.
To support his contention that the presence of the pool sticks was an improper influence on the jurors, Lester relies on
Bass v. State
,
Lester argues that the presence of the pool sticks created an even stronger presumption that the jury was influenced than the sheriff's service as lead investigator and witness and bailiff in Bass's trial. We do not find
Bass
to be analogous or applicable here. This case is, however, similar to
Whitehead v. State
,
*623
Here, the pool sticks were in the courtroom before voir dire began and, although Lester's counsel stated during her motion to strike the panel that she had an "immediate concern" when she saw them, no one objected to their presence. Before any jurors were questioned, the trial court read the indictment, which charged Lester with causing bodily harm to the victim by striking her in the face with a pool stick and depriving her of the use of her eye. Thus, the potential jurors were aware that a pool stick was involved in the crimes alleged to have been committed. And before any evidence was presented, the pool sticks were removed from the courtroom. During the testimony of the owner of the bar where the incident occurred, one of the typical pool sticks used at
*926
his bar was admitted into evidence. Under the circumstances, we find no abuse of the trial court's discretion in denying Lester's motion to strike the entire jury panel. See
Whitehead
,
Judgment affirmed.
Ellington, P. J., and Andrews, J., concur
The victim underwent surgery the night of the incident to put her eye back together, but she had no vision in the injured eye. She later underwent another surgery to remove her injured eye to avoid possible injury to the other eye. At that point, the victim had no use of her injured eye.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.