Nance v. State, 280 Ga. 125

Summary

The Supreme Court of Georgia reviewed Michael W. Nance's death sentence following a resentencing trial after the prior death sentence was reversed because of improper qualification of a prospective juror. The court rejected challenges involving Georgia's death-penalty statutes, use of a stun belt, jury qualification, evidentiary rulings, and proportionality review. It affirmed the death sentence for malice murder but vacated the sentence imposed for the felony-murder conviction, which had previously been vacated by operation of law.

Holdings

1. The evidence was sufficient for the jury to find beyond a reasonable doubt that the murder was committed by a person with a prior capital-felony conviction and while Nance was engaged in another capital felony.
2. Georgia's death-penalty statutes were constitutional, and the Sixth Amendment did not require the jury to find nonstatutory aggravating evidence beyond a reasonable doubt.
3. The trial court did not abuse its discretion by refusing to conduct a second stun-belt hearing before Nance's 2002 sentencing trial.
4. The State's lethal-injection procedures were not unconstitutional.
5. The trial court did not abuse its discretion by qualifying the five challenged prospective jurors because, considering their voir dire responses as a whole, each could meaningfully consider and vote for all three authorized sentences.
6. The trial court properly admitted certified copies of Nance's prior convictions, including the sentences imposed for those convictions.
7. The death sentence imposed on the felony-murder conviction had to be vacated because that conviction had previously been vacated by operation of law.
8. The death sentence for malice murder was not imposed under passion, prejudice, or an arbitrary factor and was neither excessive nor disproportionate.

Questions Presented

1. Whether the evidence supported the statutory aggravating circumstances necessary to impose the death penalty.
2. Whether Georgia's death-penalty statutes and procedures violated the Constitution, including the Sixth Amendment.
3. Whether the trial court abused its discretion by refusing to hold a second hearing before requiring Nance to wear a stun belt during the sentencing trial.
4. Whether Georgia's lethal-injection procedures were unconstitutional.
5. Whether prosecutorial explanations of mitigating evidence during voir dire required reversal despite the lack of a trial objection.
6. Whether the trial court improperly permitted voir dire questions calling for prejudgment.
7. Whether five prospective jurors were improperly qualified despite their views concerning possible sentences.
8. Whether certified conviction records were admissible insofar as they included the sentences imposed for prior convictions.
9. Whether prison records containing hearsay and disciplinary statements were improperly admitted when the defense did not object.
10. Whether a similar-transaction instruction was required for evidence of Nance's prior bank robbery.
11. Whether a death sentence could be imposed on the previously vacated felony-murder conviction.
12. Whether the death sentence was imposed under passion, prejudice, or an arbitrary factor and was excessive or disproportionate.