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Mize v. State

Citations: 378 S.E.2d 392; 190 Ga. App. 166; 1989 Ga. App. LEXIS 137Docket: 77387

Court: Court of Appeals of Georgia; February 6, 1989; Georgia; State Appellate Court

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William Mark Mize appeals his conviction for possession of a firearm by a convicted felon, arguing that the trial court abused its discretion by denying his motion for mistrial. This motion was made after voir dire, in response to the State's inquiries regarding potential jurors' affiliations with organizations such as the Southern Knights of the KKK or the Invisible Empire of the KKK, which Mize claims improperly put his character into question.

The Court of Appeals of Georgia, referencing OCGA § 15-12-133, asserts that both the State and the defendant have the absolute right to question prospective jurors about their relationships and affiliations, including religious, social, and fraternal connections. The court concluded that the State's line of questioning was appropriate for uncovering any potential biases or interests that jurors might have in the case. Additionally, it noted that Mize had previously acknowledged being a Klansman at sentencing. Therefore, the court found no error in the trial court's decision, affirming the judgment. Judges McMurray and Benham concurred with the decision.