¶1dissenting. In Witherspoon v. Illinois, 391 U.S. 510, rehearing denied, 393 U.S. 898 (1968), the United States Supreme Court held that in capital cases only jurors who are unequivocally opposed to the imposition of the death penalty may be excused for cause. During petitioner’s trial in which the death penalty was imposed Mrs. Creamer, a prospective juror, was excluded by the court during voir dire when she said that she “believed” that she would automatically vote against the death penalty. I view Mrs. Creamer’s response as equivocal, especially in the context of her previous statements suggesting that she could vote for the death penalty under appropriate circumstances. Therefore, applying the principle of Witherspoon, Mrs. Creamer should not have been excluded. I would grant the rehearing requested by petitioner.
268 Ark. 312
Hulsey v. State
Decided March 31, 1980
Supreme Court of Arkansas · decided 1980-03-31
Relies on Witherspoon v. Illinois · Puyallup Tribe v. Department of Game of Washington
Good law ✅— No negative treatment on recordhow we know
Decided 1980-03-31
How this case has been cited
Cited by 41 later decisions — most recently October 2019 · most notably Williams v. State (2007), Kitchen v. State (1980)
3 federal appellate · 34 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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