Kass v. State
297 Ga. 153
Ga.2015Background
- Victim Martinez Turner was shot at close range in the neck and died; medical examiner testified wound severed major arteries and compromised the spinal cord.
- Witherspoon (appellant Kass’s girlfriend) testified Turner's visit to Kass’s home involved a dispute; Kass interrupted, Witherspoon went inside, then heard a gunshot and saw Turner on the ground and Kass walking away with a gun.
- Kass ran with Witherspoon to a nearby house shortly after; a witness there said Kass was covered in blood and admitted he had just killed someone.
- Kass used Witherspoon’s phone to call an acquaintance, who testified Kass said he had killed someone and needed a ride; that acquaintance (a federal confidential informant) alerted a federal agent who contacted local police; a 911 call followed.
- Investigators found a .45 Fiocchi shell casing at Kass’s doorway, a box of .45 Fiocchi bullets in the kitchen, identification linking the house to Kass, and a power bill with Kass’s name near the body.
- Procedural posture: Kass was indicted on multiple counts, convicted by a jury of malice murder and related offenses, sentenced to life plus a consecutive five-year term for firearm possession during a felony; convictions affirmed on appeal.
Issues
| Issue | Kass’s Argument | State’s Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions | Evidence was insufficient to prove guilt beyond a reasonable doubt | Evidence (eyewitness, admissions, physical evidence, medical causation) supports convictions | Affirmed — evidence sufficient under Jackson v. Virginia standard |
| Trial court’s failure to strike Juror 3 for cause (bias against felons possessing guns) | Juror’s stated concerns showed inability to be impartial; voir dire questioning was leading | Juror’s equivocations did not show irredeemable bias; trial court discretion to assess impartiality | Affirmed — no abuse of discretion; juror could set aside doubts and follow instructions |
| Trial court’s failure to strike Juror 4 for cause (family member is homicide captain) | Juror’s relation to law enforcement created bias or partiality | Trial court properly evaluated juror; familial connection alone not disqualifying absent fixed opinion | Affirmed — no manifest abuse of discretion; juror capable of impartiality |
| Alleged impropriety of trial court’s voir dire questions (leading) | Voir dire questions were leading and improper | No contemporaneous objection made at trial; issue not preserved for appeal | Not reviewed on merits — failure to object waived the claim |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
- Grimes v. State, 296 Ga. 337 (2014) (deference to trial court on juror impartiality; striking for cause requires fixed bias)
- Cade v. State, 289 Ga. 805 (2011) (juror equivocations do not automatically require removal if juror can follow instructions)
- Walker v. State, 258 Ga. App. 333 (2002) (failure to object to voir dire question at trial waives appellate review)
- Braswell v. State, 245 Ga. App. 602 (2000) (to challenge voir dire conduct on appeal, defendant must object at trial)