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50. How should the court of appeals rule on the conviction and the death sentence?
On appeal, the defendant's only argument was that excusing the prospective jurors violated his federal constitutional right to be tried by a jury chosen from a fair cross section of the community.
A defendant was charged with the capital offense of first-degree murder, for which the only available penalties were death or life in prison without parole. During jury selection, the trial court, over the defendant's objection, granted the prosecution's for-cause challenge of five prospective jurors who indicated upon questioning by both parties that they personally were opposed to the death penalty and were unsure if they could ever vote to impose it. The jury convicted the defendant and, following a separate sentencing hearing, sentenced him to death.
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B is incorrect. This answer is only partially correct. While the conviction should be affirmed, the death sentence should also be affirmed because, as explained above, the trial court may properly dismiss a juror for cause when that juror's views on the death penalty would prevent or substantially impair his ability to determine whether the death penalty should be imposed.
C is incorrect. This answer is also only partially correct. The conviction and the sentence should be affirmed because the trial court properly dismissed the jurors based on their views regarding the imposition of the death penalty.
D is incorrect. As stated above, both the conviction and sentence should be affirmed because the trial court properly dismissed jurors for cause from both the guilt and penalty phases of this case.