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571 So. 2d 353

Brown v. State

Supreme Court of Alabama

Decided November 16, 1990

Supreme Court of Alabama · decided 1990-11-16

Cited by 15 later decisions — most recently September 2000

15 state decisions

Key passage — most relied on by later courts

“[a]s a general rule, the decision whether to voir dire prospective jurors individually or collectively is within the sound discretion of the trial court.”

quoted by 1 later decision, including 587 So. 2d 1072 - Parker v. State

Relies on Gozlon-Peretz v. United States · Anderson v. Aetna Casualty & Surety Co. · Whisenhant v. Alabama

Good law ✅— No negative treatment on recordhow we know

Decided 1990-11-16

View the full empirical analysis of this case →

STEAGALL, Justice

¶1(dissenting).

¶2Alabama courts have long held that individual voir dire examination of prospective jurors is not mandatory, even in a capital case, but, rather, that the decision to allow a request for individual voir dire lies within the sound discretion of the trial court. Whisenhant v. State, 555 So.2d 219 (Ala.Cr.App.1988), affirmed, Ex parte Whisenhant, 555 So.2d 235 (Ala.1989), cert. denied, — U.S. -, 110 S.Ct. 3230, 110 L.Ed.2d 676 (1990); Hallford v. State, 548 So.2d 526 (Ala.Cr.App.1988), affirmed, Ex parte Hallford, 548 So.2d 547 (Ala.1989), cert. denied, — U.S. -, 110 S.Ct. 354, 107 L.Ed.2d 342 (1989); Bell v. State, 475 So.2d 601 (Ala.Cr.App.1984), affirmed, 475 So.2d 609 (Ala.1985), cert. denied, 474 U.S. 1038, 106 S.Ct. 607, 88 L.Ed.2d 585 (1985).

¶3During its voir dire examination, the trial court had the opportunity on three occasions to observe the members of the venire and to consider their responses to the voir dire questions. Because the trial court was in a better position to understand and evaluate the events that took place during voir dire examination, I believe that court •should be allowed to decide whether individual voir dire examination was required. In my opinion, the trial court did not abuse its discretion in denying the request for individual voir dire examination in this case. Hallford, supra.

¶4Therefore, I respectfully dissent from the order quashing the writ. I would review this case and reverse the Court of Criminal Appeals’ holding requiring individual voir dire examination of jurors.

¶5HOUSTON, J., concurs.

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