Background

• Killingsworth was convicted of three counts of capital murder and one count of second-degree assault; death sentence imposed by trial court after jury recommended life without parole.
• The Court of Criminal Appeals affirmed; this Court granted certiorari to address issues including an unraised but dispositive challenge to impartiality.
• During voir dire, juror F.J. admitted potential bias due to relationships with the victims' families; C.J. also indicated lack of willingness to serve but was dismissed.
• The trial court dismissed 14 jurors for cause (including C.J.) but did not dismiss F.J., who later served on the jury that convicted Killingsworth.
• Alabama Rule 18.4(e) allows for dismissal for cause if a veniremember cannot be fair and impartial; the court must excus e biased jurors.
• The Alabama Supreme Court held Killingsworth’s right to an impartial jury was violated and remanded for a new trial.

Issues

Key Cases Cited

• Ross v. Oklahoma, 487 U.S. 81 (1988) (right to an impartial jury in capital case)
• Irvin v. Dowd, 366 U.S. 717 (1961) (jury impartiality essential to fair trial)
• Parker v. Gladden, 385 U.S. 363 (1966) (jury must be impartial; 12 jurors required)
• Mann v. State, 581 So.2d 22 (Ala.Crim.App.1991) (bias may be eliminated; not always cause for disqualification)
• Minshew v. State, 542 So.2d 307 (Ala.Crim.App.1988) (voir dire to determine ability to decide impartially)
• United States v. Ortiz, 315 F.3d 873 (8th Cir.2002) (voir dire and demeanor crucial to assess bias)
• Wainwright v. Witt, 469 U.S. 412 (1985) (trial judge's findings on bias are entitled to deference)
• Harris v. State, 632 So.2d 503 (Ala.Crim.App.1992) (knowing victims' families does not automatically disqualify)
• Dunning v. State, 659 So.2d 995 (Ala.Crim.App.1994) (questions whether relationship precludes fairness must be asked)
• McGowan v. State, 990 So.2d 931 (Ala.Crim.App.2003) (voir dire discretion on biased veniremembers)