Opinion
No. D 2000-653
January 24, 2003
¶ 1 Appellant, John Marion Grant, through counsel, has filed a Petition for Rehearing pursuant to Rule 3.14, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2002). Appellant seeks reconsideration of this Court's opinion handed down on November 18, 2002, affirming his conviction and death sentence in Osage County District Court Case Number CF-99-28. Grant v. State, 2002 OK CR 36, ___ P.2d ___, 73 O.B.J. 3629. A petition for rehearing shall be filed only for the following reasons:
Some question decisive of the case and duly submitted by the attorney of record has been overlooked by the Court, or
The decision is in conflict with an express statute or controlling decision to which the attention of this Court was not called either in the brief or in oral argument.
Rule 3.14(B). Having examined the Motion for Rehearing and being fully advised in the premises, this Court finds that Appellant's Motion for Rehearing shall be granted for the limited purpose of modifying this Court's Opinion in the following manner.
¶ 2 Paragraph 17 shall be amended to read:
¶ 17 During the individual in-camera voir dire of prospective juror Hargrave, Appellant moved to have her removed for cause; however, after questioning by the trial court and further questioning by defense counsel, Hargrave unequivocally stated that she would consider all three punishments. After the Hargrave voir dire, Appellant exercised his sixth peremptory challenge, but not for Hargrave. He claimed at trial, and now on appeal, that he was forced to keep Hargrave, who he called an "undesirable juror." However, Appellant's actions at trial contradict this claim. Appellant utilized two more peremptory challenges on jurors that he did not challenge for cause, without excusing Hargrave. Grant excused a total of three jurors whom he did not challenge for cause after Hargrave was seated; therefore, he cannot show that the jury was prejudiced against him, or that the trial courts ruling prejudiced him in any way. See Abshier, 2001 OK CR 13, ¶ 114, 28 P.3d at 604.
¶ 3 In all other respects the petition for rehearing is denied.
¶ 4 THEREFORE BY ORDER OF THIS COURT, the Motion for Rehearing is GRANTED for the limited purpose of modifying this Court's Opinion. In other respects the Motion for Rehearing is DENIED. The Clerk of this Court is directed to issue the mandate forthwith.
¶ 5 IT IS SO ORDERED.
¶ 6 WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 24th day of January, 2003.
/s/ Charles A. Johnson CHARLES A. JOHNSON, Presiding Judge
/s/ Steve Lile STEVE LILE, Vice Presiding Judge
/s/ Gary L. Lumpkin GARY L. LUMPKIN, Judge
/s/ Charles S. Chapel, Dissenting — I would grant rehearing. CHARLES S. CHAPEL, Judge
/s/ Reta M. Strubhar RETA M. STRUBHAR, Judge
ATTEST:
/s/ Michael Richie Clerk