People v. Coughlin

304 P.3d 575, 2011 WL 1587732, 2011 Colo. App. LEXIS 645
CourtColorado Court of Appeals
DecidedApril 28, 2011
DocketNo. 09CA0947
StatusPublished
Cited by16 cases

This text of 304 P.3d 575 (People v. Coughlin) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Coughlin, 304 P.3d 575, 2011 WL 1587732, 2011 Colo. App. LEXIS 645 (Colo. Ct. App. 2011).

Opinion

[578]*578Opinion by

Judge LOEB.

Defendant, Chad Patrick Coughlin, appeals the judgment of conviction entered upon jury verdicts finding him guilty of attempted see-ond degree murder, second degree assault, and fighting in public. We affirm.

I. Background and Procedural History

The charges in this case arose from a physical altercation that occurred in the parking lot of a sports bar. Around 1 a.m. on May 4, 2008, one of the bar's bouneers, P.S., drove his SUV into the parking lot entrance. P.S. encountered defendant, defendant's girlfriend, and a male friend standing in the entrance, and therefore, he was required to drive around the group to reach a parking spot.

Once he parked, P.S. was approached by defendant's girlfriend, and the two exchanged heated words through the open driver's side window. Although the details of the encounter between P.S. and defendant's girlfriend were disputed at trial, the girlfriend ended up falling backwards onto the ground. Defendant does not dispute that, at this point, he borrowed a knife from the friend and approached the SUV.

A fight broke out between defendant and P.S., resulting in P.S. tackling defendant to the ground. P.S. repeatedly punched defendant in the face, and defendant stabbed P.S. multiple times with the knife, once in his neck, three times in his back, and once in his arm. Another employee of the sports bar, a cook who had just finished his shift, witnessed the fight from the back deck of the bar and promptly ran over to pull P.S. off of defendant. Defendant and his friend, who did not participate in the fight, then fled the scene.

The prosecution charged defendant with attempted first degree murder and second degree assault based on P.S8.'s injuries. The friend was charged with accessory to attempted murder for lending defendant the knife, and he ultimately pleaded guilty to the charge in exchange for probationary sentences in this case and in two additional pending cases. As a condition of the friend's plea agreement, the friend was required to testify against defendant.

At trial, nearly all of the facts surrounding the fight were hotly disputed, and the testimony from P.S., the friend, the girlfriend, and the cook was often conflicting. According to the prosecution's theory of the case, defendant first stabbed P.S. through the open driver's side window of the SUV and continued to stab P.S. when P.S. jumped out of the vehicle and tackled defendant to the ground. Defendant did not testify at trial, but according to the defense theory of the case, all stab wounds were inflicted in self-defense, only after P.S. pinned defendant to the ground and began punching him in the face.

At the conclusion of a three-day trial, the jury found defendant guilty of attempted second degree murder (which the court submitted to the jury after dismissing the attempted first degree murder charge), second degree assault, and the lesser nonineluded offense of fighting in public. The court sentenced defendant to a twenty-year prison term, a ten-year prison term, and a six-month jail term for the respective offenses, to run concurrently, and to five years mandatory parole. This appeal followed.

II. Challenge for Cause

Defendant contends the trial court abused its discretion by denying his challenge for cause to prospective juror D. We disagree.

We review a trial court's ruling on a challenge for cause to a prospective juror for an abuse of discretion. Carrillo v. People, 974 P.2d 478, 485 (Colo.1999). This is a "very high standard of review" that gives deference to the trial court's assessment of the eredibility of prospective jurors. Id. at 485-86. "It recognizes the trial court's unique role and perspective in evaluating the demeanor and body language of live witnesses, and it serves to discourage an appellate court from second-guessing those judgments based on a cold record." Id. at 486. A trial court's resolution of a challenge for cause will only be overturned if the record presents no basis to support it. People v. Pigford, 17 P.3d 172, 177 (Colo.App.2000).

[579]*579Before the prosecution began its voir dire, the court administered an oath to the entire jury pool and read aloud several grounds that would prevent a prospective juror from serving. The court specifically asked, "Are any of you incapable by reason of physical or mental disability of rendering satisfactory jury service?" One prospective juror responded by advising the court of his diabetic condition and his "very severe hearing problem and understanding." The court then asked if there was "[alnybody else." No one responded. The court finished with its preliminary questions of the entire pool and seated twenty-two prospective jurors in the jury box. Those jurors who were not initially seated, including juror D, were nevertheless advised to "pay attention to what's going on" because of the likelihood that additional prospective jurors would be called to the jury box.

Midway through voir dire, the court excused five seated prospective jurors and called five replacements, including prospective juror D. The court asked general questions of the five replacements and then invited each juror to tell counsel a bit about his or her background. Prospective juror D explained that he currently worked for King Soopers, that he was retired from construction work, and that he had three adult children. His juror questionnaire corroborated this information. He also told the court, "I watch lot [sic] of television and some things I forget.... And I listen to radio."

The prosecutor's entire questioning of juror D was as follows:

Q: All right, thank you. Mr. [D], I'm going to go out on a limb here and guess that you don't really want to be up in the jury box?
A: Right. I get confused with things.
Q: All right. So you think that it may be difficult for you to follow the evidence presented in this case?
A: Yeah, I [sic] would be.
Q: Are you comfortable telling me what you think would cause you confusion?
A:; No.
Q: That's fair.

Defense counsel followed up on the prosecutor's questioning of prospective juror D as follows:

Q: Mr. [D], I wanted to ask you a couple of questions. You said you have trouble following things sometimes?
A: I get confused about things.
Q: You get confused about things?
A: Yeab.
Q: - In this trial we're going to have people on the witness stand who are testifying, who are saying things. Do you think that you're going to be able to remember what people say and then be able to talk about it later on?
A: No.
Q: Okay. I think you told the DA that you don't feel comfortable talking about why?
A: Yes.
Q: Would you feel more comfortable outside the other jurors present?
A: No. -
Q: You just don't feel comfortable talking to anybody about why?
A: Yeah.
Q: Okay. okay today? Are you feeling physically

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Cite This Page — Counsel Stack

Bluebook (online)
304 P.3d 575, 2011 WL 1587732, 2011 Colo. App. LEXIS 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coughlin-coloctapp-2011.