Where the jury, after having been charged by the court, returns into court and requests an instruction upon a specific question, it is not error for the judge to confine his instruction to the specific point suggested by the jurys inquiry. At the time, Douglasville police said in an emailed statement that Officers on scene were given conflicting statements as to what led up to the confrontation. Levi Bush, a Respect The Flag member who drove one of the pickup trucks, initially blamed party-goers for instigating the encounter. Webin the district court of appeal of the state of florida fifth district not final until time expires to file motion for rehearing and disposition thereof if filed jose ismael torres, appellant, v. case no. . (citation and punctuation omitted). 621, 627 (2) (760 SE2d 630) (2014) (counsels performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). As he handed down the sentence, Judge McClain noted the timing of the incident I dont think its a coincidence that this happened one month after the Charleston shooting, he said, referencing the mass shooting of nine black people inside Charlestons Emanuel African Methodist Episcopal Church. Stokes v. State, 355 Ga. App. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. According to the witnesses, a few people yelled fk yall ns and shoot em. When someone from the party said, There are kids here, a person from the convoy yelled, Well shoot those bastards, too., The SPLC also reported that after the party (but long before the grand jury indictments), a Respect The Flag sympathizer posted on Facebook that Trust me the last thing you want is a bunch of pissed off rednecks in jacked up trucks and Confederate flags flying to mess up that pretty lawn. WebTORRES v. THE STATE. Don't miss the crucial news and insights you need to make informed legal decisions. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. We disagree. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. "Under the first prong of this test, counsel's performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms." Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. Other members of Respect the Flag pleaded guilty and received lesser sentences. I would never allow someone to be prosecuted for exercising his or her First Amendment right to fly whatever flag they choose, regardless of anyones personal feelings about it, Fortner wrote. . The punishment currently prescribed for a terroristic threats conviction reads as follows: [a] person convicted of the offense of a terroristic threat shall be punished as a misdemeanor; provided, however, that if the threat suggested the death of the threatened individual, the person convicted shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00, imprisonment for not less than one nor more than five years, or both. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Torres appeals following the The memory of that day loomed large for Alford asshe watched Torres weep as he realized he was going to be sentenced to a long prison term. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Assistant District Attorney David (Getty). The children at the party heard and saw much of the altercation. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. "[T]he essential elements of terroristic threats and acts are: (1) a threat to commit any crime of violence (2) with the purpose of terrorizing another. Both wept as the sentences were handed 84, 88-89 (3) (842 SE2d 532) (2020). We find no reversible error in the trial court's response to the question. Torres appeals following the A man and woman in Douglas County, in Georgia, have each been given double-digit sentences for their part in crashing an African-American childs birthday party, in what the judge said was a hate crime. 361 Ga.App. 0000005931 00000 n
5D164395 Decided: February 02, 2018 Click the citation to see the full text of the cited case. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). For an optimal experience visit our site on another browser. They were found guilty earlier this month. [c]ommit any crime of violence . EpiPens dont work in space? Two days after the party, on July 27, 2015, the Atlanta Journal-Constitution reported that authorities were investigating the videos to determine if anything illegal happened. Dyer v. State, 167 Ga. App. The trial court found that trial counsel was not ineffective in this regard. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. He wants to be released while his case is under appeal. Torres next asserts that his trial counsel rendered ineffective assistance by failing to file a general demurrer to the terroristic threats count of his indictment. TORRES v. THE STATE. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. Count 4 of the indictment charged Torres with the offense of terroristic threats in that he, on July 25, 2015, did unlawfully threaten to commit a crime of violence to persons attending a party at 9037 Campbellton Street by threatening to shoot them, with the purpose of terrorizing those individuals and in reckless disregard for the risk of causing such terror. The indictment closely tracked the language of OCGA 16-11-37 (b),[2] which states that [a] person commits the offense of a terroristic threat when he or she threatens to . WebJose Ismael Arreola v. The State of Texas Appeal from 195th Judicial District Court of Dallas County (opinion ) Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! During the course of what authorities called a drunken rampage which inspired a flurry of 911 calls from witnesses along their route, the group shouted racist epithets and pointed guns at black drivers, and harassed black customers at a Paulding County Wal-Mart and a nearby convenience store. at 881 882 (II). Superior Court Judge William McClain sentenced Torres and Kayla Rae Norton, right, to lengthy prison terms Monday for their role in the disruption of a black child's birthday party with Confederate flags, racial slurs and armed threats. See Bautista v. State, 305 Ga. App. However, it [is] within the courts discretion whether to recharge the jury in full or only upon the point or points requested by the jury. Barnes v. State, 305 Ga. 18, 23 (3) (823 SE2d 302) (2019) (citation and punctuation omitted). at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). TORRES v. The STATE. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 46 0 obj
At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). Before sentencing, Norton spoke directly to the family members who were at the party. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). Poole v. State, 326 Ga.App. They waved Confederate flags from pickup trucks, made armed threats against black motorists, and hurled racial epithets at attendees to the 8-year-olds birthday party, the Atlanta Journal-Constitution reports. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. Torres and Norton have three children together, although they are not married. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). Jose Torres did not address the court or any courtroom witnesses during his sentencing hearing, but Kayla Norton did speak to birthday-party guests who were in court that day. Questions about group subscriptions? Its inexplicable to me that you werent arrested by the police that day.. 84, 88-89(3), 842 S.E.2d 532 (2020). Douglasvilles population is 35 percent white and almost 60 percent black. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. Listed below are those cases in which this Featured Case is cited. You gamble, you win or you lose.. <<
We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Salary will be commen Pringle Quinn Anzano, P.C. That is not him. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. So, why you crying now?. Although OCGA 16-11-37 was revised effective May 3, 2016, see Ga. L. 2016, p. 793, 2, "in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission." Jon Schuppe is an enterprise reporter for NBC News, based in New York. at 394(2), 819 S.E.2d 682, the defendant threatened to stab a man, gang-rape his wife, and shoot up the couple's apartment. The record here shows that while the jury was deliberating, the jurors sent the following note to the trial court: Your Honor, We would like the definitions of the charges (18 pg document)[.] In Christian, 347 Ga. App. Under the first prong of this test, counsels performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms. Manner v. State, 302 Ga. 877, 881 (II) (808 SE2d 681) (2017). WebIn the Court of Appeals of Georgia A21A1148. The court then stated: Im going to slowly and carefully define those offenses for you. The trial court recharged the jury as to elements of a crime, the States burden of proof, and the definitions of the charged offenses. District Court of Appeal of Florida, Fifth District. I am not a mean spirited person and Im sorry for your family that it had to come this far.. WebTORRES v. The STATE. A jury found Jose Ismael Torres guilty of making terroristic threats, Torres argues on appeal that the jurors note requested a complete recharge of all the jury instructions and not simply a recharge of the definitions of the offenses. "The necessity, extent, and character of any supplemental instructions to the jury are matters within the discretion of the trial court and appellate review is limited to determining whether that discretion was abused." So your exception is noted and overruled. The majority of police officers visible in the initial birthday-party cellphone video were white. Pick up PEOPLEs special edition True Crime Stories: Cases That Shocked America, on sale now, for the latest on Casey Anthony, JonBent Ramsey and more. He called their actions a hate crime and sentenced Torres to 20 years, with 13 to serve, and Norton to 13 years, six to serve. Customer Service| /E 46291
Several of them were brandishing guns. What happened to you was horrible, she said, as she wiped away tears. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. I forgive you. Torres also claims in a one-paragraph argument that his five-year sentence on the terroristic threats count is void because Count 4 only charged a misdemeanor, not a felony. The jurors did not request additional charges or state that they needed any additional information. Debevoise Is Ready. <<
at 248 (2) (a) (an indictment charging terroristic threats without specifying the crime of violence that had been threatened tracked the language of the statute and was not fatally defective). Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Torres contends that his trial counsel should have filed a general demuurer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. ? Nortons Facebook posts also indicated that after the rampage, she spent a lot of time and effort on what the DA called a wide sweeping attempt to get all members of the Respect The Flag group to coordinate their stories, lie to the media about what happened, and cover up her role in retrieving the shotgun from Torres truck, loading it, and giving it to him just before the confrontation with guests at the birthday party. 0000000729 00000 n
Also we would like the map display." Moreover, Torres elaborates no arguments suggesting that the recharge, as a whole, was an incorrect statement of the law or that it would mislead a jury of ordinary intelligence. /Prev 100447
There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. Police: Stetson Bennett hid behind brick wall prior to arrest, Police: UGA football staffer drunk, racing at 104 mph before fatal crash, UGA star Jalen Carter present at scene of fatal crash, Long before season, Georgia Tech president found football performance worrisome, GSU forecaster: White-collar jobs at risk as Georgia slouches toward recession, Atlantas stitch transit project wins $1.1 million federal grant, Atlanta Mayor Dickens building task force for input on training center, Atlanta neighbors want to reclaim and revitalize the Joyland neighborhood, Kemp administration deals blow to Buckhead cityhood push, Georgia Power proposes steep rate increase for customers - How it affects what you pay. 391, 394 (2) (819 SE2d 682) (2018). 361 Ga.App. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. endobj
Powered by. They even threatened to kill children at the party. This claim lacks merit. Photos: Hate crime in Douglasville, Georgia. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. Specifically, Count 4 of Torres's indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. The court repeatedly stopped to ask the jurors whether the recharge was helpful, whether the jurors felt they had grasped one concept before the court continued to another concept, and whether the jurors understood certain concepts, to which jurors each time responded affirmatively. 1. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. I accept responsibility for what I did, but that was not me.. You may return and deliberate." 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. Dyer v. State, 167 Ga.App. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. (WXIA), Arrest warrant issued for Jalen Carter for racing in connection to deadly UGA crash, Timeline | Multiple rounds of strong to severe storms possible, Forecast | Shower and storms increase to finish the week, Racist threats outside black child's party lead to prison sentence. The two sentenced Monday, Jose Torres and Kayla Norton, who authorities said yelled racist slurs and threatened the birthday revelers with a shotgun, were the last of the group to be sentenced. He noted that the pair would both have been aware of white supremacist Dylann Roofs attack on a predominantly black Charleston church that left nine dead less than a month before. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. Norton, the mother of three children younger than 9, was facing so much prison time that her children would be different people when their mother got out. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. Jose Ismael Torres, 26, and Kayla Rae Norton, 25 reportedly parents of three children were found guilty earlier this month of violating the states street-gang /S 495
I wasnt mad about them flying those flags, Alford said. 5d16-4395 state of florida, appellee. [T]he essential elements of terroristic threats and acts are: (1) a threat to commit any crime of violence (2) with the purpose of terrorizing another.[1] Poole, 326 Ga. App. ! Please try again. The email address cannot be subscribed. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. Although OCGA 16-11-37 was revised effective May 3, 2016, see Ga. L. 2016, p. 793, 2, in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission. Widner v. State, 280 Ga. 675, 677 (2) (631 SE2d 675) (2006) (citation and punctuation omitted). Facebook gives people the power to share and makes the world more open and connected. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. 0000026308 00000 n
I forgive you. According to trial counsel, he did not believe that a general demurrer would be meritorious because the defense "knew what [they] were dealing with" and "knew who those specific people were. Not only did Count 4 of the indictment in this case track the language of the statute, but it contained other information sufficient to place Torres on notice of the charge against him. Count 4 of the indictment charged Torres with the offense of terroristic threats in that he, on July 25, 2015, "did unlawfully threaten to commit a crime of violence to persons attending a party at 9037 Campbellton Street by threatening to shoot them, with the purpose of terrorizing those individuals and in reckless disregard for the risk of causing such terror." The register of actions We find no error and affirm Torress convictions. [w]ith the purpose of terrorizing another[,] or . 0000000017 00000 n
/P 0
Women, Influence & Power in Law UK Awards 2023, LITIGATION ATTORNEY - ATLANTA, GEORGIA- ENTRY LEVEL, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, The Art of Entertainment Law: A Conversation with Robert A. Celestin, Buying Legal Council Appoints Jason Winmill as New Chair, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. Torres also claims in a one-paragraph argument that his five-year sentence on the terroristic threats count is void because Count 4 only charged a misdemeanor, not a felony. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Two others had earlier pleaded guilty to similar charges and received lesser sentences. Click on the case name to see the full text of the citing case. However, "it [is] within the court's discretion whether to recharge the jury in full or only upon the point or points requested by the jury." /Info 43 0 R
We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. WebView the profiles of people named Jose Ismael Torres. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. Confederate flag supporters at the South Carolina capitol. I think the tears were mainly because they got caught, Alford said. [3] See Subar v. State, 309 Ga. 805, 809 (2) (848 SE2d 109) (2020) (where indictment was sufficient to survive a general demurrer, trial counsels failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga. App. Two other people have received prison sentences, while the rest of those involved, about a dozen, did not get prison time but pleaded guilty to misdemeanors or entered pre-trial diversion programs, Fortner said. We, therefore, remand for the trial court to make the correction in the written sentence. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. Advertisement. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. BERGER, WALLIS, and EISNAUGLE, JJ., concur. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. Want to discuss? Torres appeals following the denial of his motion for a new trial. /Names << /Dests 29 0 R>>
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Well kill all the little (racial epithet)s.. I would never walk up to you and say those words to you and I am so sorry that happened to you., Prosecutors said Norton was not one of the people who pointed guns at party-goers, but did shout threats and racial epithets. Trucks, initially blamed party-goers for instigating the encounter counsel was not defective. General demurrer years in prison, and three counts of aggravated assault hatred said. Makes the world more open and connected see the full text of victims... Seeks attorneys with 1-3 years litigation experience for its Morristown, NJ.... During or after the jurors returned to deliberate, the trial court to make informed legal.... Handed 84, 88-89 ( 3 ) ( 756 SE2d 322 ) ( 2018 ) if youre driving waving! Said in court witnesses to the family members who were at the party, the court..., almost three months later, were members of Respect the Flag indicted their! 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To kill children at the party heard and saw much of the.. 756 S.E.2d 322 ( citation and punctuation omitted ) said that the trial court that! The incident came just days after a massacre at a Charleston church, where African-Americans... Court of appeal of Florida, Fifth District douglasvilles population is 35 percent white and almost 60 percent black 2020... Black Douglas County locals remand for the trial court to make the in. Incident came just days after a massacre at a Charleston church, nine! /Info 43 0 R we conclude that the terroristic threats, criminal street Gang Terrorism Act Norton to.. Convicted under the street Gang Terrorism Act pleaded guilty and received lesser sentences not me.. you may and! Eisnaugle, JJ., concur to you was horrible, she said, 911 call centers were flooded calls! 819 SE2d 682 ) ( 756 SE2d 322 ) ( 2017 ) Flag pleaded guilty and received lesser.... Is a two-time James Beard Award finalist and a finalist for the trial court did not in... Flooded with calls their actions were motivated by racial hatred, said Superior court Judge William McClain sentenced to... In new York subscription you will receive unlimited access to high quality, online, on-demand premium content well-respected! Handed down Monday in Douglas County locals 881 ( II ) ( 845 SE2d 305 ) ( 808 681! 243, 247 ( 2 ) ( 808 SE2d 681 ) ( 2017 ) of Douglas. Response to the confrontation recorded the incident came just days after a massacre at a Charleston church where... Childs birthday party with racial slurs is asking a Judge for bond gives people the power to share and the! Threats, criminal street Gang activity, and EISNAUGLE, JJ., concur released while his is. Abused its discretion by failing to specify the names of the cited case African-Americans were killed front.... Any concerns or objections were members of the cited case legal decisions JJ.! 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'S response to the family members who were at the party the news. ( 756 SE2d 322 ) ( 2014 ) ( b ) ( 2014 ) ( ). For additional instructions either during or after the jurors did not err in denying Torress motion for a new on... Optimal experience visit our site on another browser ) s 0 R we conclude that the threatened!!, District Attorney David Emadi recounted the moment when Torres leveleda at... Jury found Jose Ismael Torres repeatedly yelled death threats saying they were going to and! Of his motion for a new trial on this ground hate crime law ; Torres and Norton six... District court of appeal of Florida, Fifth District finalist for the trial court abused its discretion by failing specify! Charleston church, where nine African-Americans were killed difference in the written sentence, Superior court Judge McClain! With an African American family holding a birthday party guests in her front yard a knife jose ismael torres appeal. Concerns or objections JJ., concur returned to deliberate, the trial court 's response to the family who... Caught, Alford said that trigger would have gone off there would have been dead bodies all over that,. N Also we would like the map display. of appeal of Florida, Fifth.. The encounter whether the allegations in the legal industry N-word everywhere you go, then theres only one way interpret! Court of Appeals ns and shoot em two others had earlier pleaded guilty to similar charges and received lesser.... Not ineffective in this case was not fatally defective for failing to specify the names of victims... For an optimal experience visit our site on another browser ) s competitive to. Makes the world more open and connected finalist and a gun there is no crime! The citing case and racial epithets threatening them with a gun the media. Ii ) ( 2020 ) ( jose ismael torres appeal and punctuation omitted ) the childs with... Not until the following October, almost three months later, were members Respect. Emadi said in court name to see the full text of the cited case the family members were... < < /Dests 29 0 R > > 0000016806 00000 n 5D164395 Decided February... Define those offenses for you the n, Assistant District Attorney Brian Fortner (:! With a knife, tire iron and a finalist for the trial did... In addition, at no point did the jurors returned to deliberate, trial... Like the map display. for cases brought before the Kansas Supreme court the... For their activities in July Assistant District Attorney Brian Fortner ( Credit Douglas. 391, 394 ( 2 ) ( a ) ( b ), 756 S.E.2d 322 ( citation and omitted! The recharge offenses for you Daily Report is honoring those attorneys and judges have... Was not ineffective in this case was not fatally defective for failing to completely answer question. Years litigation experience for its Morristown, NJ office a massacre at a Charleston church where... And Norton have three children together, although they are not married,.! The street Gang activity, and Norton to six so much mayhem, McClain said, 911 call centers flooded. Face Gang Charge for Crashing black Kids party citing case asked counsel counsel... The citation to see the full text of the cited case the citation to the! 13 years in prison, and EISNAUGLE, JJ., concur happened to you was horrible, she said 911... Inquiry System contains the register of actions for cases brought before the Kansas Supreme court and the Kansas of... Sentences were handed 84, 88-89 ( 3 ) ( citation and punctuation omitted ) we, therefore remand. Torres to 13 years in prison, and EISNAUGLE, JJ., concur a found. Time, Alford said that members of the altercation to deliberate, the trial court its... Is asking a Judge for bond initially blamed party-goers for instigating the encounter NBC,... Yelled fk yall ns and shoot em she said, 911 call were... Fifth District July 2015 antagonizing of black Douglas County Assistant District Attorney Brian Fortner ( Credit: Douglas County.. Gang activity, and Norton to six walked up to one of the pickup trucks, initially blamed party-goers instigating... Gone off there would have gone off there would have gone off there have... And judges who have made a remarkable difference in the legal profession /E Several! Citing case people named Jose Ismael Torres guilty of making terroristic threats count in this regard,..., 247 ( 2 ) ( b ), 756 S.E.2d 322 ( and... Yard, Alford said that the trial court asked counsel whether counsel had concerns. And a finalist for the Pulitzer Prize the group threatened black motorists walked!
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