Bethea v. the State, 337 Ga. App. 217

Defendant Anthony Bethea was tried for murder, felony murder, aggravated assault, and concealing the death of another after he fatally choked his roommate, Darrell Bailey, then moved the body to the woods.
At trial Bethea claimed self‑defense; the jury began deliberations late afternoon and asked a written question of the court about hands as deadly weapons.
Deliberations continued for roughly two hours before adjourning until the next morning, when a juror told the courtroom deputy she “wants out” and could no longer participate.
The court questioned the juror in the presence of counsel; she variously said her mind was made up, that she had tried to deliberate but would not be forced to agree, and that she could "try one more time," while appearing upset and interrupting the judge.
After hearing the deputy and counsel and considering the juror’s demeanor and statements, the trial judge excused the juror for cause and seated the first alternate over Bethea’s objection; the jury later convicted Bethea of voluntary manslaughter and concealing the death of another.
On appeal Bethea argued the court abused its discretion by removing a juror after deliberations had begun; the appellate court affirmed, holding the removal was supported by the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by excusing a juror after deliberations began	Bethea argued removal was improper and prejudicial because deliberations had already started	Trial court maintained removal was warranted because juror had a fixed opinion, was unwilling to meaningfully deliberate, and was visibly upset	Court affirmed: excusal was within discretion because record showed juror had a fixed and definite opinion and refused to engage in deliberation

Reynolds v. State, 271 Ga. 174 (affirming excusal where juror knew defendant’s relatives)
Butler v. State, 290 Ga. 412 (removal must have factual support; court’s credibility findings entitled to deference)
Smith v. State, 298 Ga. 357 (trial court has broad discretion to remove jurors)
State v. Clements, 289 Ga. 640 (review of juror removal reviewed for abuse of discretion)
Ganas v. State, 245 Ga. App. 645 (legal cause exists when juror’s opinion is so fixed they cannot decide based on evidence)
Mason v. State, 244 Ga. App. 247 (contrast where juror reached decision after thorough multi‑day deliberations)
Alford v. State, 244 Ga. App. 234 (supports upholding removal when inquiry shows juror will not participate)