Georgia Court Of Appeals, (April 09, 1987)
Docket number: 74078
DECIDED
POPE, Judge. - DECIDED
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Judgment affirmed. Birdsong, C. J., and Deen, P. J., concur.

Supreme Court of Georgia - PADGETT v. THE STATE., 251 Ga. 503, 307 S.E.2.d 480 (1983)
Supreme Court of Georgia - WATERS v. THE STATE., 248 Ga. 355, 283 S.E.2.d 238
Supreme Court of Georgia - JOHNSON v. THE STATE., 238 Ga. 59, 230 S.E.2.d 869 (1976)
Supreme Court of Georgia - DILL v. THE STATE., 222 Ga. 793, 152 S.E.2.d 741 (1966)
Georgia Court Of Appeals - Castillo v. The State., 178 Ga. App. 312, 342 S.E.2d 782 (1986)
Georgia Court Of Appeals - Cooper v. The State (Two Cases)., 178 Ga. App. 709, 345 S.E.2d 606 (1986)
Defendant appeals his conviction and sentence for the offenses of child molestation and recidivism. Held:1. Defendant, who is deaf and mute, argues that the trial court erred in allowing the State to ask potential jurors the following question: "I'm going to ask you to promise me that if you are selected as a juror on this case, that you can lay aside any sympathy for this defendant because he is deaf and decide the case strictly on the evidence produced in court.""In Waters v. State, 248 Ga. 355, 363 (283 SE2d 238) (1981), [the Supreme Court of Georgia] noted that '(v)oir dire should allow both parties an opportunity to ascertain the ability of the prospective jurors to decide the case on its merits, with objectivity and freedom from bias and prior inclination. (Cit.) However, no question should require a response from a juror which might amount to a prejudgment of the case. (Cit.) Since the distinction between questions which ask jurors how they would decide issues of a case if and when such issues are presented and questions which merely inquire whether jurors can start the case without bias or prior inclination is not always crystal clear, the "control of the voir dire examination is vested in the sound legal discretion of the trial judge and will not be interfered with by this court unless the record clearly shows an abuse of that discretion." [Cits.]' " Padgett v. State, 251 Ga. 503, 504 (307 SE2d 480) (1983); accord Amerson v. State,
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