Greene v. Georgia, 519 U.S. 145 (1996)

Greene v. Georgia

No. 96-5369

Decided December 16, 1996
519 U.S. 145

ON PETITION FOR WRIT OF CERTIORARI

TO THE SUPREME COURT OF GEORGIA

Syllabus

Petitioner was convicted of murder, armed robbery, and aggravated assault by a Georgia jury and sentenced to death. Over his objection, the trial court excused for cause five jurors who expressed reservations about the death penalty. The State Supreme Court affirmed, citing Wainwright v. Witt, 469 U.S. 412, as controlling authority for a rule that appellate courts must defer to trial courts’ juror bias findings.

Held: Witt is not controlling authority as to the standard of review to be applied by state appellate courts reviewing trial courts’ jury selection rulings. Witt arose on federal habeas, where deference to state court findings is mandated by 28 U.S.C. 2254(d), but that statute does not govern the standard of review of trial court findings by the Georgia Supreme Court. That court mistakenly believed itself bound by Witt’s standard. It is free to adopt that standard, but it need not do so.

Certiorari granted; 266 Ga. 439, 469 S.E.2d 129, reversed and remanded.