People v. Garrison

2012 COA 132, 303 P.3d 117, 2012 WL 3517377, 2012 Colo. App. LEXIS 1309
CourtColorado Court of Appeals
DecidedAugust 16, 2012
DocketNo. 08CA2637
StatusPublished
Cited by6 cases

This text of 2012 COA 132 (People v. Garrison) 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. Garrison, 2012 COA 132, 303 P.3d 117, 2012 WL 3517377, 2012 Colo. App. LEXIS 1309 (Colo. Ct. App. 2012).

Opinion

Opinion by

Judge MILLER.

€ 1 Defendant, Thomas Anthony Garrison, II, appeals the judgments of conviction entered against him after a jury found him guilty of first degree murder after deliberation, first degree felony murder, conspiracy to commit first degree murder with a crime of violence sentence enhancer, two counts of aggravated robbery, and conspiracy to commit aggravated robbery. Defendant contends that the trial court erred in (1) asking witnesses hundreds of questions submitted by jurors; (2) denying defendant's motion to strike a juror who submitted a substantial portion of those questions for failing to pay [120]*120attention; (8) denying defendant's motion for a new trial after learning that during deliberations the jury accessed text messages on a cell phone admitted into evidence; and (4) denying a challenge for cause to a potential juror. We are not persuaded by defendant's arguments. We therefore affirm.

I. Background

T2 Defendant and his uncle were both drug dealers and engaged in selling cocaine and marijuana. The victim supplied them with cocaine. Defendant's uncle owed the victim $10,000, and the victim was "pressing him" to be paid. The uncle planned to kill the victim and take his place in the cocaine-dealing hierarchy, making defendant his "right hand man." He wanted defendant to come along to kill the victim in order to "get his feet wet, pop his cherry."

T 3 The night before the victim was killed, defendant and another drug dealer, R.G., stole a car to use as a get-away. R.G. drove defendant and his uncle to the victim's apartment the next day. He waited in the car while defendant and his uncle entered the victim's apartment. Defendant's uncle shot the victim, and a bullet from the uncle's gun passed through the victim into defendant's leg. Defendant then emptied his gun into the victim.

I 4 Defendant fled the state with his uncle, R.G., and defendant's girlfriend. Defendant and his girlfriend were later found in Arizona.

[ 5 Defendant's theory of defense was that his uncle killed the victim and that defendant did not know he was planning to do so. R.G. testified against him at trial, and defendant attacked his credibility.

II. Questions from the Jury

16 We reject defendant's argument that the trial court erred in allowing jurors to submit hundreds 1 of questions for witnesses over the course of the two-week trial.

A. Standard of Review

«7 We review the trial court's decision not to prohibit or limit the number of juror questions tendered for an abuse of discretion. See Crim. P. 24(g) (granting the trial court discretion to prohibit or limit juror questioning in particular cases based on several factors); see also Medina v. People, 114 P.3d 845, 847 (Colo.2005) (leaving the decision whether to ask a particular question tendered by a juror for a witness to the sound discretion of the trial court). We will conclude that the trial court abused its discretion only if the trial court's ruling was manifestly arbitrary, unreasonable, or unfair. People v. Ibarra, 849 P.2d 33, 38 (Colo.1993); People v. Clark, 214 P.3d 531, 539 (Colo.App. 2009). Because defendant preserved the issue the in trial court, we review for harmless error. Medina, 114 P.3d at 858. An error is harmless if it did not substantially influence the verdiet or impair the fairness of the trial. Id.

B. Analysis

18 Crim. P. 24(g) allows jurors to submit written questions to the court for the court to ask of witnesses, but gives trial court disceretion to prohibit or limit questioning "for reasons related to the severity of the charges, the presence of significant suppressed evidence or for other good cause." Crim. P. 24(g). In Medina, the supreme court held that questions from jurors do not constitute a per se violation of a criminal defendant's constitutional rights. 114 P.3d at 847. The court pointed out that juror questions had "'deeply entrenched' roots in the common law." Id. (quoting United States v. Bush, 47 F.3d 511, 515 (2d Cir.1995)). It noted that "[eclommentators ... agree that juror questioning facilitates the search for truth and justice, clarifies the facts in complex cases, provides the jury with an essential tool to fulfill its role as the finder of fact, and increases juror attentiveness during trial and satisfaction with the judicial process." Id. [121]*121The court also concluded that the act of asking a question does not necessarily transform an otherwise passive juror into an advocate, or reduce the government's burden in a criminal case. Id. at 854, 856.

T 9 Defendant presents three arguments in support of his claim that the trial court exceeded what the supreme court authorized in Medina by allowing the jurors to ask hundreds of questions: (1) the trial court wasted a great deal of time in reviewing the questions, (2) the jurors became investigators and advocates over the course of the trial due to the volume of questions asked, and (8) the burden of proof improperly shifted from the prosecution to him.

{10 After reviewing the record, we conclude that the number of questions at issue here did not violate defendant's constitutional rights. Aside from his argument that the trial court wasted time considering the questions, defendant raises arguments that the supreme court already addressed in Medina.

1. Judicial Eeonomy

111 Defendant argues that the trial court's failure to prohibit or limit questions resulted in the court spending an inordinate amount of time conducting hearings regarding whether or not to ask the questions of the witnesses. He points out as examples that the hearings on questions submitted span approximately thirty pages of the ree-ord for the prosecution's key witness, fifteen pages each for defendant's brother and a detective, and approximately sixty pages for defendant's testimony.

[ 12 In holding that juror questions are not per se unconstitutional, the supreme court in Medina reasoned in part that a defendant's constitutional rights are protected when jury questions are serutinized under "adequate safeguards," which include the trial judge screening the juror questions with counsel before submitting them to a witness. Id. at 847, 857. Here, the trial court gave careful consideration to each submitted juror question before asking it of a witness, sustained objections to a substantial portion of them, modified some questions to comply with the rules of evidence, and generally exercised caution in securing defendant's constitutional safeguards anticipated by Medina. Defendant did not object to many of the questions on grounds other than his general objections to juror questioning.

13 We conclude that the trial court did not abuse its discretion by declining to prohibit or limit the number of juror questions. Crim. P. 24(g) provides that jurors "shall" be allowed to ask questions. The word "shall" indicates an obligation, and thus the rule strongly favors allowing juror questions. See Kidder v. Chaffee County Bd. of Equalization, -- P.3d --, --, 2011 WL 5437499, *2 (Colo.App. Nov.10, 2011) (the word "shall" connotes a mandatory obligation when construing a statute); see also People v.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 COA 132, 303 P.3d 117, 2012 WL 3517377, 2012 Colo. App. LEXIS 1309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garrison-coloctapp-2012.