Patterson v. State

691 P.2d 253, 1984 Wyo. LEXIS 348
Wyoming Supreme Court·Decided November 29, 1984·No. 83-261, 84-13·Published·Cited by 41 cases

Opinions

ROONEY, Chief Justice.

Appellants appeal from judgments and sentences rendered on a jury verdict finding appellant Patterson guilty of possession of a controlled substance (marijuana) with intent to deliver the same, and finding appellant Spoon guilty of delivery of a controlled substance (marijuana), both in violation of §§ 35-7-1014(d)(x) and 35-7-1031(a)(ii), W.S.1977.

Appellants present three issues on appeal:

[255]*2551. Did the court err in refusing to excuse a juror for cause on motions of the prosecution and of both appellants?

2. Did the court err in denying appellants’ motions to suppress evidence?

3. Did the court err in denying appellant Patterson’s motion for judgment of acquittal?

Inasmuch as we find error, under the particular facts of this case, in the trial court’s refusal to excuse a juror for cause, we reverse and remand for a new trial. Although not dispositive of this case, we find no error with reference to the other two issues, and we address these issues only because they are bound to arise in connection with the new trial.

“ * ⅜ ⅝ jg pr0per for the supreme court to decide incidental questions which are bound to arise again in the case. * * * ” Rocky Mountain Oil and Gas Association v. State, Wyo., 645 P.2d 1163, 1167 (1982).

CHALLENGE FOR CAUSE

The simple deciding factor in this case is the existence of bias or prejudice on the part of juror Taylor as reflected in his answers to questions addressed to him on voir dire. Section 7-11-105, W.S.1977, provides in pertinent part:

“(a) The following shall be good cause for challenge to any person called as a juror on any indictment:
* ⅜ * S}5 ⅜ ⅝
“(ii) That he * ⅜ f is biased or prejudiced for or against the accused.”

Juror Taylor’s answers in this respect were contradictory and ambiguous. To determine evidence of bias or prejudice, the answers must be examined as a whole without undue emphasis on any one portion of them. The following answers do indicate such bias or prejudice:

1.On inquiry by the State:
“I would like to state my views about use of marijuana. I don’t think the laws are strict enough, I think the court system is far too lenient in their sentencing.
I don’t feel that I could be impartial in my verdict.”
“No I don’t think [I could be impartial] if it comes down to whether it was close to whether he was innocent or not guilty, I think I would lean to vote guilty.”
“ * * * if I feel it is clearly innocent, I would vote innocent, but if I think a slight shadow of doubt I think I would vote guilty.”
“I don’t think so.” (That I ought to serve on this jury panel).
“I think so.” (That it would be in the interests of justice that I be excused because of my strongly held feelings).
2. On inquiry by appellant Patterson: “ * * ⅜ a little bit of evidence that said innocent and a little more said guilty, I would vote guilty.”
“I don’t think so.” (That I could be a fair and impartial juror).
“No.” (I would not want a juror in my frame of mind sitting as a juror if I were the defendant).
3. On inquiry by appellant Spoon:
“I would have a tendency not to believe them.” (If they used drugs).
“Yes, I would.” (Intrinsically favor the non-drug users even if the judge would give me certain rules of law to apply to certain factual situations that will be presented).
“It might.” (Such favoring of non-drug users might interfere with my ability to apply the law as given to me in this case and with my ability to be fair and impartial).

The following indicates the lack of such bias and prejudice:

1. After the State’s inquiry and after challenge by the State, in which both appellants joined:

“THE COURT: Mr. Taylor, the critical issue is whether you could decide this case based upon the evidence and instructions upon the law here. Could you base your decision on that?
“MR. TAYLOR: I could listen to the evidence, and based on the evidence, but I think to where I vote not guilty or [256] innocent or not guilty, I think if there was the slightest question in my mind, that he was guilty, I think I would vote guilty.
“THE COURT: I am not asking you that. I am asking you if you could follow the law as given to you in the instructions?
“MR. TAYLOR: Yes, could do that.
“THE COURT: And you would base your decision based upon that and the evidence here in the case?
“MR. TAYLOR: Yes.”

2. During inquiry by appellant Patterson:

Answered “no” to question as to whether or not he had any problem with the “premise of law” requiring the burden “upon the prosecution to prove the defendant guilty beyond a reasonable doubt.”

3. After challenge by appellant Patterson:

“THE COURT: Mr. Taylor, you earlier indicated you would decide the case based solely upon the law and the evidence here in court, what would be unfair or lacking in impartiality in that case?
“MR. TAYLOR: Well, I already have strong feelings about marijuana, and I think that has to, you know, have something to do with the way I think, make decisions.
“THE COURT: Well, it is still your position though you would decide the case based solely upon the evidence?
“MR. TAYLOR: Upon the facts, yes, sir.”

The contradictions are obvious. The juror will decide the case on a preponderance of the evidence rather than on the lack of reasonable doubt, but he will decide the case under the instructions which will direct to the contrary. The last quotation, supra, reflects a change by the juror in the court’s question relative to reliance solely on the evidence. His answer expanded “evidence” to “facts.” Perhaps he meant facts presented in the case, but perhaps he meant more. The juror steadfastly maintained his prejudice against those involved in marijuana, even to the extent of asserting that such would make him partial and a juror whom he would not want to decide a case in which he was a defendant. Yet He agreed to act only on the evidence and according to the instructions.

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Patterson v. State, 691 P.2d 253, 1984 Wyo. LEXIS 348 (Wyo. 1984).

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