Hughes v. United States

689 A.2d 1206, 1997 D.C. App. LEXIS 25, 1997 WL 80518
CourtDistrict of Columbia Court of Appeals
DecidedFebruary 27, 1997
Docket95-CF-636
StatusPublished
Cited by16 cases

This text of 689 A.2d 1206 (Hughes v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hughes v. United States, 689 A.2d 1206, 1997 D.C. App. LEXIS 25, 1997 WL 80518 (D.C. 1997).

Opinions

REID, Associate Judge:

After a jury trial, appellant William Z. Hughes was convicted of first degree burglary while armed, in violation of D.C.Code §§ 22-1801(a), -S203 (1996 Repl.); assault with a dangerous weapon, in violation of D.C.Code § 22-502; possession of a firearm during a crime of violence, in violation of D.C.Code § 22-3204(b); carrying a pistol without a license, in violation of D.C.Code § 22-3204; and simple assault, in violation of D.C.Code § 22-502. Hughes filed a timely appeal. He contends that (1) he was denied his Sixth Amendment right to a fair trial by an impartial jury; (2) he was denied due process because of the introduction of “other crimes” evidence; and (3) the evidence was insufficient to convict him beyond a reasonable doubt. We reverse and remand the case for a new trial.

I.

The right to trial by an impartial judge or jury is fundamental and deeply embedded in American jurisprudence. In Murphy v. Florida, 421 U.S. 794, 800, 95 S.Ct. 2031, 2036, 44 L.Ed.2d 589 (1975), the Supreme Court stated that, “[t]he constitutional standard of fairness requires that a defendant have ‘a panel of impartial, ‘indifferent’ jurors.’ ” (quoting Irvin v. Dowd, 366 U.S. 717, 722, 81 S.Ct. 1639, 1642, 6 L.Ed.2d 751 (1961)). Indeed, “[n]o matter how strong [the] evidence [against the accused, and even if it is] ‘exceptionally strong,’ [the accused has] a constitutional right to have it passed on by an impartial jury.” Dennis v. United States, 339 U.S. 162, 175, 70 S.Ct. 519, 527, 94 L.Ed. 734 (1950) (Black, J., dissenting). The mandate of fairness is rooted in the Sixth Amendment to the Constitution, which specifies that an accused “shall enjoy the right to ... trial, by an impartial jury.” In 1950, Justice Felix Frankfurter reminded us that, “[t]he constitutional command for trial by an ‘impartial jury' casts upon the judiciary the exercise of judgment in determining the circumstances which preclude that free, fearless and disinterested capacity in analyzing evidence which is indispensable if jurymen [and jurywomen] are to deal impartially with an accusation.” Dennis, supra, 339 U.S. at 181, 70 S.Ct. at 525 (Frankfurter, J., dissenting).1 Moreover, [1208]*1208the majority in Dennis recognized that, “[i]mpartiality is not a technical conception. It is a state of mind.” Id. at 172, 70 S.Ct. at 523 (citation omitted). In that regard, “the juror’s assurances that he [or she] is equal to [the] task cannot be dispositive of the accused’s rights, and it remains open to the defendant to demonstrate ‘the actual existence of ... an opinion in the mind of the juror as will raise the presumption of partiality.’” Murphy, supra, 421 U.S. at 800, 95 S.Ct. at 2036 (quoting Irvin, supra, 366 U.S. at 723, 81 S.Ct. at 1642-43).

II.

Here, on two occasions, Juror No. 1 signaled to the trial court that he questioned his own state of mind regarding his ability to be fair, fearless and disinterested in examining evidence against Hughes. First, during the voir dire, he conscientiously summarized his contacts and past working relationships with persons in law enforcement, including those in the U.S. Attorney’s Office for the District of Columbia. In response to a question from the government attorney, he indicated that he had served as a law clerk to a federal appellate court judge and that “in general the prosecutors ... [in criminal] eases did bang up jobs and the defense lawyers did not do very good jobs.” He added, “I’m not saying that I ever saw you [defense counsel] do a bad job, but my general sense is that the work was more professional on the Government’s side.” When asked whether his belief regarding prosecutors and defense counsel “[would] ... have a tendency to affect [his] outlook on the determination as to guilt or innocence of a particular individual,” Juror No.l responded in part, “I mean not necessarily the guilt or innocence.” When the government attorney inquired again, a few minutes later, whether “any of [the juror’s] experiences either as an attorney or as a clerk in dealing with criminal matters ... cause [him] to be unable to be fair and impartial in the determination of guilt or innocence,” he stated,

I would never want to say I’m unable to be fair or impartial, but I should tell you that for the past five months I have been on leave from my law firm and have been working on the White House security review, which is a special group put together under the Secretary of the Treasury ... for enforcement to investigate the various incidences that have happened at the White House.
My colleagues in that group are two ... Assistant U.S. Attorneys, including one who recently left this office, the D.C. office, named Elizabeth Breese, and two former federal prosecutors in addition to that.
And in the course of that review, which was sort of an investigation but also an investigation with the Secret Service, that worked in close conjunction with the Secret Service, both agents and officers of the Uniformed Division, officers who had contact with MPD, had contact with the FBI and also had, not direct contact, but reviewed the work of Park Police to some degree, and also to the degree that one of the incidences that took place was a life matter, which was the Duran shooting at the White House, my group worked in conjunction with the U.S. Attorney’s Office in order to preserve the integrity of that case.
So my general — I should tell you that for the past five months I have been working closely with people on the law enforcement side of things and in general had a much more, you know, much more favorable view of the whole process than maybe I would have before.

When asked whether he had an opinion of Ms. Bresee, Juror No. 1 replied, “I think that I trust her.2 I mean she has become a good friend. I trust her completely and don’t believe she would ever do anything dishonest or untowards as a U.S. Attorney, although she has left the office, now.” Defense counsel posed no questions to Juror No. 1, but moved to strike him on the ground that “he gave me the impression that he would be just a little [1209]*1209bit biased.” The trial judge denied the motion, stating that the juror “said that he felt he could be impartial.”3 Defense counsel did not use any of his peremptory challenges to strike Juror No. 1, even though he was seated first in the jury box.

The second occasion on which Juror No. 1 signaled to the trial court that he questioned his own ability to “lay aside his impression or opinion[s],” Irvin, supra, 366 U.S. at 723, 81 S.Ct. at 1643, and his own impartiality, occurred while trial was in progress.

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Bluebook (online)
689 A.2d 1206, 1997 D.C. App. LEXIS 25, 1997 WL 80518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-united-states-dc-1997.