COFFEE v. the STATE.
COFFEE v. the STATE.
Opinion
*443 This case turns on a fundamental principle essential to ensuring fair jury trials in Georgia. Our general rule is that a criminal defendant is entitled to a full panel of qualified jurors to which to direct his peremptory strikes. Because this case involves allegations of theft from Walmart 1 and the trial court declined to excuse for cause one of Walmart's shareholders, we reverse.
"On appeal from a criminal conviction, the evidence is viewed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence."
State v. Robinson
,
Coffee was later arrested at a fourth Walmart after an officer observed him attempting to exit the store with items in his shopping cart. Coffee was indicted on four counts of theft by shoplifting.
*444 During voir dire 2 and prior to trial, Coffee challenged the qualifications of juror #39 based on the juror's ownership of stock in Walmart and her professed "strong feelings" against shoplifters. In response to the challenge, the trial court conducted an unrecorded bench conference. Thereafter, Coffee contends, and the State does not dispute, 3 that the trial court proceeded with voir dire and jury selection with the challenged juror in the venire. After the jury had been impaneled *81 and removed from the courtroom, the remaining panelists were released. The trial court heard argument from the parties on the record regarding the challenge to juror #39. Coffee then expended one of his peremptory strikes to remove juror #39 from the array after the trial court declined to remove her for cause.
Following trial, Coffee was convicted on all four counts of theft by shoplifting. Coffee filed a motion for a new trial, which the trial court denied following a hearing. This appeal ensued.
1. Coffee argues that the trial court erred in denying his request to remove juror #39 for cause because he was entitled to a full panel of qualified jurors against which he could use his peremptory strikes. We agree.
"The decision to strike a juror for cause lies within the sound discretion of the trial court."
Berry v. State
,
*445
Harris v. State
,
Here, the trial court declined to disqualify juror #39 for cause because it was uncertain how much Walmart stock she owned in the "multi-billion" dollar company and the trial court did not believe that her stock ownership in the victim company evidenced any bias. 5 Coffee then had to expend one of his peremptory strikes to remove the juror from the array, though the trial court later noted in its order denying Coffee's motion for a new trial that he did not use all of his strikes. This was the incorrect application of the law.
In light of this error, the trial court erred in denying Coffee's motion for a new trial.
See
Lowman
,
2. Because of our decision in Division 1, we need not address Coffee's other enumerations of error.
Judgment reversed.
Ellington, P.J., concurs. Gobeil, J., concurs fully and specially.
*82 I concur fully in the majority opinion because the result is dictated by the application of binding precedent to the facts at hand. I write separately, however, to highlight the fact that more recent precedent from the Supreme Court of Georgia suggests that the law on which the majority opinion relies may not be as broad and unqualified as it appears.
*446
As the majority opinion demonstrates, this case, in which a local retail outlet of a large, publicly-traded corporation was the victim of the alleged crime, bears a striking resemblance to
Kirkland v. State
,
Given the broad and unqualified holding in
Kirkland
, and given its factual parallels with this case, I agree with the majority's conclusion that the trial court erred in denying Coffee's request to strike juror number 39 for cause. I note, however, that in
Veal v. State
,
The holding in
Veal
is premised on the long-standing rule that, in general, "[t]he law presumes that jurors are impartial, and the complaining party has a burden to overcome that presumption."
Veal
,
In the case before us, it appears no inquiry was made regarding the amount of stock owned by the juror or its value. Nor was the juror questioned regarding any potential impact his stock interest might have on his ability to be impartial. In light of Veal , however, it seems that such information would be relevant to the issue of whether the juror was disqualified. For example, a situation where a juror owns one share in a large, publicly-traded company is very different from one where the juror owns 25% of a company. Information concerning the juror's knowledge of the case and his or her expressed ability to be fair and impartial would also be relevant. In short, to exclude jurors as a matter of law simply because they own some amount of stock in a large, publicly-traded corporation, regardless of the amount of their interest or their knowledge of the case, and without any inquiry into their ability to be impartial, seems inconsistent with Veal 's balancing approach. 6
In closing, I recognize that the right to an impartial jury plays a critical role in our judicial system, as do the legal rules formulated to protect that right. I further recognize that the breadth of the bright *448 line rule articulated in Kirkland serves to protect that right. Nevertheless, the more balanced approach articulated in Veal would seem to protect the interests of the judicial system without sacrificing the legal protections necessary to ensure parties a fair trial. 7
Lindsey Bernard Coffee was convicted of four counts of theft by shoplifting.
Voir dire was not transcribed.
See Court of Appeals Rule 25 (b) (1) (appellee "shall point out any material inaccuracy or incompleteness of appellant's statement of facts").
Compare
Nwakanma v. State
,
The trial court also declined to disqualify juror #39 for cause based on her "strong feelings" about shoplifting.
It appears that the per se rule adopted by
Kirkland
has its genesis in the civil context-i.e., in the context of a corporate entity who, rather than being the victim of a crime, is seeking or defending against a significant money judgment. See, e. g.,
Georgia R. R. v. Cole
,
Significantly, the bright-line rule articulated in Kirkland is becoming more complicated to apply in light of the millions of Americans who have some sort of retirement account or other financial plan that involves stock ownership. According to the Pension Rights Center, and based upon the Bureau of Labor Statistics' National Compensation Survey for 2017, 54% of all American workers (full and part-time) participate in a such a retirement plan through their workplace.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.