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Counsel continued to question juror "S" and asked if he just answered that he could not give full consideration to a sentence of life imprisonment to someone who was convicted of first degree murder.
The prospective juror responded "yes I did," and admitted that was his opinion. While we believe the question here is close, we cannot find the record shows the trial court abused its discretion by denying the motion to remove juror "S" for cause.
When the prosecutor asked what he thought of life imprisonment as a punishment for murder, juror "S" replied, "[n]ot much," but then stated he thought he could give fair consideration to all three potential punishments.
When questioned by defense counsel, juror "S" indicated he believed a life sentence "doesnt mean a total life sentence," and he responded affirmatively to defense counsels question that in "his opinion" a life sentence was not really an appropriate punishment for murder.
Myers argues Byrds testimony at the reliability hearing shows he sought a "favor" from the State for his testimony, lied several times during the hearing, and admitted he had previously worked as a confidential informant in California although denied he received any benefit from that service.
14 Nothing in Dodd requires the trial court to exclude a jailhouse informants testimony because his or her testimony is inconsistent, unbelievable, or self-serving.
3 Myers raises twenty-one (21) propositions of error.The trial court again denied a challenge for cause. The prospective juror said he would try to give fair consideration to all sentencing options, including a life sentence, and his admitted propensity to favor a sentence greater than life does not show he could not fairly consider the option. FIRST STAGE ISSUES 10 Myers argues in Proposition One that the trial court erred when it allowed Sydney Byrd to testify.9 When this Court reviews the voir dire of potential jurors whose answers are unclear and who appear equivocal in their ability to consider all punishment options, we traditionally defer to the impressions of the trial court who can better assess whether a potential juror would be able to fulfill his or her oath. Byrd was Myerss cellmate while Myers was in the Rogers County Jail.DNA testing on the sperm linked Myers to the murder.Myers later confessed to the crime to an inmate in the county jail and also bragged about disposing of Williamss body to another witness prior to his arrest.