Supreme Court of Alabama

Ex Parte Jimmy Lamar Killingsworth, Jr. (In Re: Jimmy Lamar Killingsworth, Jr. v. State of Alabama).

December 30, 201082 So. 3d 761

Summary

The court held that Killingsworth was denied his constitutional right to an impartial jury because juror F.J. unequivocally stated that she could not be impartial but was nevertheless seated. The court rejected the State's waiver argument and concluded that the error required a new trial, reversing and remanding.