Commonwealth v. Ellison

902 A.2d 419, 588 Pa. 1, 2006 Pa. LEXIS 1287
CourtSupreme Court of Pennsylvania
DecidedJuly 19, 2006
Docket42 EAP 2005
StatusPublished
Cited by43 cases

This text of 902 A.2d 419 (Commonwealth v. Ellison) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Ellison, 902 A.2d 419, 588 Pa. 1, 2006 Pa. LEXIS 1287 (Pa. 2006).

Opinions

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice BALDWIN.

Appellant, Marcus Ellison, appeals his conviction and sentence for involuntary deviate sexual intercourse. The sole question for our review is whether the trial court conducted voir dire in a manner so inadequate as to effectively deny Appellant his right to trial by an impartial jury.

On September 7, 1997, Appellant was arrested for forcing a woman, at gunpoint, to perform oral sex upon him in an alleyway. He was subsequently tried, convicted of involuntary deviate sexual intercourse, and sentenced to a term of imprisonment of seven to fifteen years. He appeals from the Order of the Superior Court affirming his judgment of sentence, asserting that the trial court denied him his fundamental constitutional right to trial by an impartial jury. Specifically, Appellant contends that during the jury selection process, the trial judge conducted voir dire in a manner so inadequate as to make it impossible to assess the prospective jurors’ qualifications or ability to be fair, thereby denying him the right to trial by a jury free from partiality. He argues that the trial court’s reliance on a Juror Questionnaire in directing questions to the prospective jurors rendered voir dire cursory and superficial thereby preventing him from being able to adequately examine the jurors to determine their qualifications. Appellant further contends that voir dire was inadequate because the trial court failed to question the prospective jurors specifically about their attitudes towards crimes involving sexual violence, since Appellant was charged with a crime of that nature.

[5]*5The Superior Court reviewed Appellant’s contentions and concluded that while Appellant expressed general dissatisfaction with his inability to participate in the questioning, the record revealed no request by Appellant to either have more specific questions posed to jurors whose examination he found inadequate, or to have those jurors stricken for cause. Therefore, Appellant’s claim that voir dire was inadequate could be found to be waived. Nevertheless, the Superior Court concluded that even if Appellant’s claim was not waived, Appellant’s contention still lacked merit, and the trial court had exercised its discretion appropriately in conducting its examination of the jurors.

Specifically, the Superior Court determined that during voir dire, the trial court questioned all prospective jurors about any potential bias reflected in their answers to the jury questionnaire, affording particular attention to those jurors whose questionnaire responses suggested the possibility of prejudice. Having reviewed the record, the Superior Court found no indication that the trial court’s manner and scope of voir dire was inadequate. Additionally, the Superior Court noted, with regard to Appellant’s contention that voir dire was cursory, the examination of the forty potential jurors spanned eighty-five pages of testimony. With respect to jurors 23 and 5, whose responses to the questionnaire suggested no apparent impartiality and whose examination Appellant found particularly inadequate, neither juror indicated that they could not be fair or could not serve. Juror 3, whose examination Appellant also specifically contests, testified that there was no reason she could not be fair. With respect to Juror 37 who did not indicate whether or not she could be fair, the Superior Court noted that the record contained no evidence that she could not be fair and impartial, and that Appellant failed to demonstrate any such impartiality.

Moreover, the Superior Court observed that at no time during the process did Appellant request permission to further explore the reliability and credibility of the jurors. The Superior Court also noted that after considering the answers of the potential jurors and observing their demeanor, the trial [6]*6court found further inquiry unnecessary. Finding no abuse of discretion, as well as determining that Appellant failed to demonstrate any juror prejudice or impartiality, the Superior Court affirmed the trial court. For the reasons stated infra, we agree.

The Juror Questionnaire utilized in the instant case contains twenty-nine questions requiring the jurors to select a “yes” or “no” response concerning matters that might prohibit them from serving as jurors. The Questionnaire includes, inter alia, the following questions

• Do you have any religious, moral or ethical beliefs preventing you from sitting in judgment in a criminal case and rendering a fair verdict?
• Have you or anyone close to you ever been a victim of a crime?
• Have you or anyone close to you ever been charged with or arrested for a crime, other than a traffic violation?
• Have you or anyone close to you ever been an eyewitness to a crime, whether or not it ever came to Court?
• Would you have any problem following the Court’s instruction that the defendant in a criminal case is presumed to be innocent until proven guilty beyond a reasonable doubt?
• Would you have a problem following the Court’s instruction in a criminal case that just because someone is arrested, it does not mean that person is guilty of anything?
• In general, would you have any problem following and applying the judge’s instruction that the defendant in a criminal case is presumed to be innocent until proven guilty beyond a reasonable doubt?
• Is there any reason you could not be a fair juror in a criminal case?
• Have you already made up your mind that the defendant is guilty or not guilty of the charge in this case? 1

[7]*7Appellant contends that the trial court relied principally on the answers provided in the Juror Questionnaire in examining the jurors, directing its questions to the jurors based on those items of the Questionnaire that were answered in the affirmative. Appellant argues that the court’s follow-up inquiries were brief and inadequate, and where jurors had answered in the negative to questions on the Questionnaire, the court’s examination was even less thorough. He argues that the fact that voir dire was conducted exclusively by the court, despite his request to participate, compounded the inadequacy of the voir dire examination and contributed to the denial of his right to trial by an impartial jury.

Appellant additionally asserts that the trial court erred in denying his request to include in its oral examination a question to elicit juror attitudes towards sexually violent crimes. As a result, Appellant argues that he was unable to determine juror attitudes towards crimes such as the one for which he was charged. Because of the sensitive nature of sexually violent crimes, Appellant asserts that the Questionnaire which asked whether the jurors themselves or anyone close to them had been a victim of a crime was insufficient to elicit information about juror exposure to crimes of a sexually violent nature. Appellant cites studies to the effect that sexually violent crimes are notoriously underreported and that the incidence of sexual assault victims in the general population makes it likely that one or more of the prospective jurors had exposure to such crimes.

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Bluebook (online)
902 A.2d 419, 588 Pa. 1, 2006 Pa. LEXIS 1287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-ellison-pa-2006.