615 S.E.2d 152 | Ga. Ct. App. | 2005
After a jury trial, Patrick and Demita Mintz were both convicted of possessing marijuana with intent to distribute. Patrick Mintz appeals from the conviction. He argues that during jury selection the trial court erred in excusing a prospective juror based on the juror’s relationship by affinity to co-defendant Demita Mintz because, contrary to the trial court’s finding, the relationship was not sufficiently close to mandate the juror’s disqualification under OCGA § 15-12-135.
In response, the judge reiterated that it looked to him as though the relationship between the juror and Demita Mintz would disqualify the juror. Patrick Mintz’s attorney then said, “In actuality, I think she maybe the same distance. She is Demita’s nephew [sic]. So if you went back to their common ancestry, you would still be within [the] sixth.” At that point, the judge ruled that he was going to excuse the juror because of the close relationship.
Demita Mintz’s attorney noted his objection for the record, but did not specify any grounds for the objection. Patrick Mintz’s attorney did not object to the ruling. The bench conference ended and the court excused the juror.
To preserve an objection upon a specific ground for appeal, the objection on that specific ground must be made at trial, or else it is waived.
Mintz attempts to get around the fact that he did not object to, and indeed acquiesced in, the trial court’s ruling by now claiming that he joined in Demita Mintz’s objection to the excusing of the juror. The claim is without merit. The adopting of objections that he relies on took place during a Batson
While the co-defendants may have agreed at that point to adopt each other’s subsequent arguments during the trial, such an agreement is not tantamount to Patrick Mintz having also adopted a prior objection made by his co-defendant during voir dire. This is especially true in light of the fact that at the time of the court ruling in question, Patrick Mintz’s attorney expressly agreed with the court’s finding and acquiesced in the dismissal of the juror. “[A] litigant cannot submit to a ruling or acquiesce in the holding, and then complain of the same on appeal.”
Judgment affirmed.
OCGA § 15-12-135 (a) provides: “All trial jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the sixth degree as computed according to the civil law. Relationship more remote shall not be a disqualification.”
Clark v. State, 248 Ga. App. 88, 91 (3) (545 SE2d 637) (2001).
(Punctuation and footnote omitted.) Collins v. State, 252 Ga. App. 645, 647 (2) (556 SE2d 850) (2001).
Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986).
(Punctuation and footnote omitted.) Collins, supra.