COFFEE v. the STATE.
347 Ga. App. 443
Ga. Ct. App.2018Background
- Defendant Lindsey Bernard Coffee was charged with four counts of theft by shoplifting after surveillance showed him staging and later removing electronics from multiple Walmart stores and being arrested at a fourth Walmart.
- During voir dire, Coffee challenged juror #39 for cause because she owned Walmart stock and expressed strong feelings against shoplifters.
- The trial court conducted an unrecorded bench conference, did not excuse juror #39 for cause, and proceeded to impanel the jury with her in the venire.
- After impaneling, the court heard on-the-record argument and still declined to strike juror #39 for cause; Coffee used a peremptory strike to remove her from the array.
- Coffee was convicted on all counts; he moved for a new trial arguing the court erred by not excusing the stockholding juror for cause, which the trial court denied; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a veniremember who owns stock in the corporate victim must be disqualified for cause | Coffee: juror #39’s Walmart stock ownership disqualifies her as a matter of law; he was entitled to a full panel to use peremptories | State: court uncertain of amount/value of stock and juror’s impartiality; not necessarily disqualified | Court reversed: juror with stock in corporate victim is disqualified as matter of law under binding precedent; requiring peremptory use deprived Coffee of a full qualified panel |
Key Cases Cited
- Kirkland v. State, 274 Ga. 778 (Ga. 2002) (stockholders of corporate victim are disqualified to serve and subject to challenge for cause)
- Veal v. State, 301 Ga. 161 (Ga. 2017) (court disfavored per se disqualification rules; factual inquiry into relationship, ownership amount, and juror impartiality may be required)
- DeSantos v. State, 345 Ga. App. 545 (Ga. Ct. App. 2018) (selection of impartial jury and peremptory strikes are essential to fair trial)
- Lowman v. State, 197 Ga. App. 556 (Ga. Ct. App. 1990) (members of corporate-related organizations disqualified where corporation is the victim)
- Harris v. State, 255 Ga. 464 (Ga. 1986) (failure to exhaust peremptory strikes before the twelfth juror is impaneled does not render refusal to strike for cause harmless)