In Re: Linda L. Mossie

768 F.2d 985, 1985 U.S. App. LEXIS 20916
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 26, 1985
Docket84-2170
StatusPublished
Cited by11 cases

This text of 768 F.2d 985 (In Re: Linda L. Mossie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Linda L. Mossie, 768 F.2d 985, 1985 U.S. App. LEXIS 20916 (8th Cir. 1985).

Opinions

[986]*986HEÁNEY, Circuit Judge.

Linda L. Mossie appeals from a citation for contempt stemming from her responses to the district court’s voir dire questions when she served as a juror in a federal criminal trial, 589 F.Supp. 1397. For reversal, she argues that, on voir dire, she was not obliged to disclose certain municipal ordinance violations, that the district court’s voir dire questions were not clear and certain, and that she was selectively-prosecuted. We reverse.

Mossie served on a jury in a trial of two defendants on cocaine charges. In screening the venire panel on voir dire, the court made a series of statements regarding the venirepersons’ qualifications as jurors; if the statements did not describe the prospective jurors, the court directed them to make that clear, and a colloquy would follow. At issue in this case is the court’s statement:

I am assuming that none of you have a charge pending or been [sic] convicted of any crime in any State or Federal Court of record punishable by imprisonment for more than one year.

Subsequently, the court asked the venire panel, “Is there anyone on this jury panel, either you or a member of your immediate family that has ever been accused of a crime * * *?” Mossie remained silent, and although other members of the venire panel responded by mentioning offenses by other family members, only one of the venire panel disclosed an ordinance violation. In that incident, the venireperson had been charged with careless driving and found not guilty in traffic court before a municipal judge.

Mossie was selected to serve on the jury, and the case ended in a mistrial. After the result of the case was announced, several jurors approached an FBI agent in the courtroom and reported that Mossie had been the lone holdout in an eleven-to-one decision. Moreover, witnesses reported that Mossie had been seen embracing and shaking hands with the defendants after the trial.

Acting on this information, the FBI agent investigated Mossie’s background and learned that.she had had eight traffic offenses in the previous several years and that, two years before, she had pled guilty to charges of marijuana possession and disturbing the peace in Lee’s Summit, Missouri. Based on this information, the United States sought a contempt citation against Mossie. After a contempt hearing, the district court cited Mossie for contempt and sentenced her to six months in prison, with sentence suspended on the condition of her successful completion of a two-year probation period.

The voir dire process must be exercised fully and fairly to apprise the parties and the court of the qualifications of jurors to serve on a given case. Its function “is to implement the constitutional guarantee of an impartial jury, a fundamental right of our system of justice. To this end, every juror has the duty to answer questions affecting his qualifications honestly.” United States v. Moss, 591 F.2d 428, 438 (8th Cir.1979). Yet honest answers hinge on fair interpretations of the voir dire questions, and when lay people and lawyers use legal language together, the resulting ambiguity can create great interpretive problems.

The First Circuit has held that “jurors, ignorant of voir dire procedure, are to be ' held to the question asked, and not to some other question that should have been asked.” United States v. Rhodes, 556 F.2d 599, 601 (1st Cir.1977). Under the circumstances, we see no alternative but to read the voir dire question literally and to construe its terms strictly. Although we recognize the burden this places on the courts and on parties in formulating voir dire questions, any other result shifts the burden of precision and legal interpretation away from the court and onto lay jurors, who might then be held accountable for their misunderstandings. This result would be neither just nor prudent.

In the case at bar, the venire panel was asked whether they had been “accused of a crime” or whether they had “a charge [987]*987pending or been convicted of a crime * * * punishable by imprisonment for more than one year.” Although Mossie had been accused of marijuana possession and disturbing the peace, which might be “crimes” in some jurisdictions or under some statutes, she was formally charged with these offenses under municipal ordinances and pled guilty to them as municipal ordinance violations.

We review the district court’s findings of fact under the clearly erroneous standard set forth in Fed.R.Civ.P. 52(a). See United States v. U.S. Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948). We recognize that, as the Supreme Court has recently declared,

the court of appeals may not reverse [the district court] even though convinced that it had been sitting as the trier of fact, it would have weighed the evidence differently. Where there are two permissible views of the evidence, the fact-finder’s link between them cannot be clearly erroneous.

Anderson v. Bessemer City, — U.S. -, 105 S.Ct. 1504, 1512, 84 L.Ed.2d 518 (1985) (citations omitted).

Reviewing the evidence under this standard, we find that the district court clearly erred.

The Missouri Supreme Court has recognized that violations of municipal ordinances are not to be regarded as “crimes” in the fullest sense, with all of the attendant legal disabilities of a criminal conviction. In City of Ferguson v. Nelson, 438 S.W.2d 249, 255 (Mo.1969), the Missouri court noted that “[a]n action for the violation of a city or town ordinance is to be regarded as a civil action for the recovery of a penalty and that it is not a prosecution for a crime.” Accord Kansas City v. Stricklin, 428 S.W.2d 721, 724 (Mo.1968) (en banc). (“Proceedings in municipal courts against persons for violations of city ordinances are civil actions to recover debt due the city or to impose a penalty for infractions of such ordinances, and are not prosecutions for crime in a constitutional sense.”)

The reasonableness of Mossie’s conduct is bolstered by her reliance on the advice of the counsel, who represented her on her guilty plea to the ordinance violations. Based on his reading of Missouri statutes, he testified at the contempt hearing that he told her that because her sentence was suspended, “she could always deny that she had ever been convicted of a drug-related offense.” He also noted that he told her that under that statute, “a person could not be charged with perjury or anything if they did not admit that they’d ever been charged with an offense.” See Mo.Ann.Stat.

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In Re: Linda L. Mossie
768 F.2d 985 (Eighth Circuit, 1985)

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Bluebook (online)
768 F.2d 985, 1985 U.S. App. LEXIS 20916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-linda-l-mossie-ca8-1985.