Jackson v. State

684 A.2d 745, 1996 WL 625301
CourtSupreme Court of Delaware
DecidedOctober 29, 1996
Docket439, 1995, 450, 1995
StatusPublished
Cited by43 cases

This text of 684 A.2d 745 (Jackson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. State, 684 A.2d 745, 1996 WL 625301 (Del. 1996).

Opinion

WALSH, Justice:

The appellant Robert W. Jackson, III (“Jackson”), has again brought a death penalty appeal before this Court, following a second penalty hearing in which the death sentence was imposed. On March 30, 1993, Jackson was convicted of First Degree Murder (2 counts), Possession of a Deadly Weapon During the Commission of a Felony (3 counts), Burglary Second Degree, Conspiracy Second Degree, and Robbery First Degree, all related to the April 3,1992, robbery and murder of Elizabeth Girardi. Pursuant to 11 Del.C. § 4209(b)(1), a separate penalty *748 hearing was conducted, at the conclusion of which the jury, by a vote of 11 to 1, recommended the death penalty. After careful consideration of the factors enumerated in 11 Del.C. § 4209(d), the Superior Court concurred with the jury findings and imposed a sentence of death.

Jackson appealed his convictions to this Court which affirmed the convictions but vacated the death sentence and remanded the matter for a new penalty hearing. Jackson v. State, DeLSupr., 643 A.2d 1360 (1994) (“Jackson I”). 1 The Superior Court conducted a second penalty hearing before a new jury which unanimously found that the State had established, beyond a reasonable doubt, two statutory aggravating circumstances 2 and, by a vote of 11 to 1, found that the aggravating circumstances outweighed the mitigating circumstances. 11 Del.C. § 4209(c)(3). Again, the Superior Court considered the jury’s recommendation and determined the death sentence to be appropriate. This appeal followed.

I

In this appeal Jackson raises six issues which were previously raised and rejected by this Court on his first appeal. 3 He alleges that the trial court: (1) failed to provide him with an impartial jury by striking jurors for cause who held reservations about imposing the death penalty; (2) failed to preclude his sneakers, seized without a warrant at the time of his arrest, from being admitted into evidence; (3) failed to suppress other evidence collected by way of a warrant during a nighttime search of his residence; (4) failed to suppress the testimony of a State’s witness, Anthony Lachette; (5) abused its discretion in permitting the testimony of Detective Scott McLaren; and (6) imposed the death penalty for felony murder contrary to his rights under the Eighth and Fourteenth Amendments.

These claims of error were previously resolved by this Court in Jackson I and those rulings constitute the “law of the case” for all subsequent proceedings. Bailey v. State, Del.Supr., 521 A.2d 1069, 1093 (1987). Thus, their reconsideration is precluded in this appeal. In addition to those issues, now barred from further review, Jackson has raised six new claims which will be separately addressed.

II

Jackson first contends that his rights as declared under Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968) and its progeny, 'were violated during the second penalty hearing when the trial judge struck ten prospective jurors for cause on account of their apparent opposition to the death penalty. Although submitted to this Court as one issue, Jackson in essence alleges two distinct errors of law. He first attacks the need to “death qualify” a jury under Delaware’s new death penalty statute. 4 Second, Jackson alleges the trial court erred by striking for cause several jurors who did *749 not state unequivocally that they could never impose the death sentence. This Court has made it clear that under Delaware’s present death penalty statute the jury must be “death qualified.” State v. Cohen, Del.Supr., 604 A.2d 846, 856 (1992). Despite our prior ruling, Jackson contends that because the jurors function only as an advisory body there is no constitutional basis for striking “death objecting” jurors for cause. It is argued that the striking of such jurors for cause denied Jackson a jury comprised of a fair cross-section of the community, thereby violating his Sixth and Fourteenth Amendment rights under the United States Constitution.

As stated previously in Cohen, we find no merit to this proposition and perceive of no basis to reexamine our prior holding. Jurors in a capital case, although not the final sentence arbiters, sit as the conscience of the community in determining whether the death penalty is the appropriate punishment and through their recommendation, play an integral role in the sentencing result. Cohen, 604 A.2d at 856; Witherspoon, 391 U.S. at 510, 88 S.Ct. at 1770. Any personal prejudices concerning the death penalty which would seriously impair a juror’s ability to perform his duty, under the instructions given by the trial judge, are impermissible and contrary to legislative intent as reflected in the death penalty statute.

Having established the need to “death qualify” a jury, we now turn to the level of proof which must be established before a potential juror can be struck for cause. Jackson claims the trial court committed error when, during the second penalty hearing, it struck several jurors for cause who had not made it unmistakably clear they could never, under any circumstance, impose a sentence of death. Although Jackson’s characterization of the juror’s statements may be accurate his recitation of the law is not. In Delaware, a juror in a capital case may be excused for cause when that juror’s views on the death penalty would prevent or “substantially impair” the performance of his duties in accordance with the court’s instructions and the juror’s oath. DeShields v. State, Del.Supr., 534 A.2d 630, 634 (1987), cert. denied, 486 U.S. 1017, 108 S.Ct. 1754, 100 L.Ed.2d 217 (1988); Wainwright v. Witt, 469 U.S. 412, 424, 105 S.Ct. 844, 852, 83 L.Ed.2d 841 (1985). Juror bias need not be proved with unmistakable clarity, for the individual juror may not know how he or she will react when faced with imposing the death sentence or he or she may simply be unable to articulate their true feelings. Id. at 424-425, 105 5.Ct. at 852-853. In the formation of that calculus, the role of the trial judge who observes a juror who may be “wrestling with his conscience” is paramount. It is for this reason that we review such rulings under an abuse of discretion standard. Sullivan v. State, Del.Supr., 636 A.2d 931, 939 (1994).

During the second penalty hearing, each prospective juror was asked by the court if he or she held any bias which would prevent the juror from performing his or her duty as a juror.

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Bluebook (online)
684 A.2d 745, 1996 WL 625301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-state-del-1996.