Cloud v. State

In Cloud v. State, 235 Ga. App. 721 (510 S.E.2d 370) (1998), the juror sent the court a note stating he could not "take this anymore." "It is making me sick." Id. When the court questioned him, the juror said that he could not judge Cloud and did not want to go back to the jury room. Id. This Court found that the trial judge did not abuse her discretion in replacing the juror with an alternate when she took the juror at his word that he could not judge Cloud. Id. at 722. The court also rejected Cloud's argument that the juror was actually expressing a belief in Cloud's innocence. Id. Further, the court held there was no evidence of racial discrimination even though a black juror was replaced by a white juror because the sole reason the juror was removed was his reluctance to continue serving. Id.