Riley v. State

889 S.W.2d 290, 1994 Tex. Crim. App. LEXIS 147, 1993 WL 457205
CourtCourt of Criminal Appeals of Texas
DecidedDecember 21, 1994
Docket69738
StatusPublished
Cited by133 cases

This text of 889 S.W.2d 290 (Riley v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riley v. State, 889 S.W.2d 290, 1994 Tex. Crim. App. LEXIS 147, 1993 WL 457205 (Tex. 1994).

Opinions

OPINION

BAIRD, Judge.

Appellant was convicted of capital murder pursuant to Tex.Penal Code Ann. Sec. 19.03(a)(2).1 The jury affirmatively answered the three issues submitted under Tex.Code Crim.Proc.Ann. art. 37.071(b).2 Punishment was assessed at death. Id. at (e). Appeal to this Court is automatic. Id. at (h). We will reverse.

As appellant does not challenge the sufficiency of the evidence, we will dispense with a recitation of any facts unnecessary to the resolution of the point of error under consideration. In point of error six, appellant contends Veniremember Bulah Brown was improperly excluded from jury service because her views on the death penalty would not have “substantially impaired” her performance as a juror.

I. Adams v. Texas

In Adams v. Texas, 448 U.S. 38, 100 S.Ct. 2521, 65 L.Ed.2d 581 (1980), the Supreme Court held former Texas Penal Code Section 12.31(b) may not be used to exclude venire-members who acknowledge they “might” be affected by the death penalty.3 Adams, 448 [292]*292U.S. at 49, 100 S.Ct. at 2528. A potential juror may not be challenged for cause based upon his views about capital punishment unless those views “would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.” Adams, 448 U.S. at 45, 100 S.Ct. at 2526.

In Adams, seven veniremembers were excluded from jury service because they were unable to take an oath that the mandatory penalty of death or imprisonment for life would not affect their deliberations. Adams, 448 U.S. at 40, 100 S.Ct. at 2524. Our review of the record in Adams reveals two venire-members testified similarly to Brown and will, therefore, provide guidance for our analysis of this case.

Veniremember White

White testified although she believed in capital punishment, she could not participate in a proceeding in which the death penalty was handed down. White felt the mandatory sentence of death or life would affect her deliberations in a case. The trial judge asked White if she could ever, in a capital murder case, vote yes to all three statutory punishment issues if evidence had proven them, and White responded, “I don’t think so.”4 Upon further examination, White finally stated she could set aside her feelings and vote “yes” to the statutory punishment issues if the facts justified it. However, at the end of her testimony White vacillated on this issue. When defense counsel again asked White if she could lay her feelings aside and answer the questions honestly she replied, “I did but I cannot say yes to that now. That is not — I couldn’t lay my feelings aside."

Veniremember Ferguson

Ferguson testified he was opposed to capital punishment. Ferguson felt it would be “almost impossible” for him to render a death penalty verdict, and stated he had “grave doubts” about ever being able to vote for death. Ferguson could not conceive of a case wherein he would vote for the death penalty. When asked if he would “automatically” vote against the death penalty, Ferguson replied, “With my conscious, yes.”

After an explanation of the Texas statutory punishment issues, Ferguson testified he thought he could honestly try to answer the questions but he did not want to vote for the death penalty. Ferguson again testified he felt he would automatically vote against the death penalty. Upon further examination, the trial judge asked:

Trial Judge: Is what you’re saying, knowing he would go to the electric chair, are you saying that would affect your ability to answer those questions?
Ferguson: It wouldn’t affect my ability, but it would cause me to do some squirming trying to be honest in my answers if I felt like the answers to the three questions was yes.

At the conclusion of both White’s and Ferguson’s testimony, the trial judge sustained the State’s challenges for cause. We affirmed. Adams v. State, 577 S.W.2d 717 (Tex.Cr.App.1979).

The Supreme Court held the exclusion of the veniremembers was improper. The Court reasoned a juror’s performance could be influenced by his views on the death penalty without exceeding “ ‘guided jury discretion’ ”. Adams, 448 U.S. at 47, 100 S.Ct. at 2527. Thus, “if prospective jurors are barred from jury service because of their views about capital punishment on ‘any broader basis’ than inability to follow the law or abide by their oaths, the death sentence cannot be carried out.” Adams, 448 U.S. at 48, 100 S.Ct. at 2528, citing Witherspoon v. Illinois, 391 U.S. 510, 522, n. 21, 88 S.Ct. 1770, 1777, n. 21, 20 L.Ed.2d 776 (1968). Such exclusion violates the Sixth and Fourteenth Amendments to the U.S. Constitution. Adams, 448 U.S. at 50,100 S.Ct. at 2529. In emphasizing the breadth of its holding the Court stated:

... Nor in our view would the Constitution permit the exclusion of jurors from the penalty phase of a Texas murder trial if they aver that they will honestly find the facts and answer the questions in the affirmative if they are convinced beyond rea[293]*293sonable doubt, but not otherwise, yet who frankly concede that the 'prospects of the death penalty may affect what their honest judgment of the facts will be or what they may deem to be a reasonable doubt. Such assessments and judgments by jurors are inherent in the jury system, and to exclude all jurors who would be in the slightest way affected by the prospect of the death penalty or by their views about such a penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.

Id.

II. Application By This Court

We have considered Adams on numerous occasions, namely, Cuevas v. State, 641 S.W.2d 558 (Tex.Cr.App.1982); Turner v. State, 635 S.W.2d 734 (Tex.Cr.App.1982); Durrough v. State, 620 S.W.2d 134 (Tex.Cr.App.1981); Pierson v. State, 614 S.W.2d 102 (Tex.Cr.App.1981). Two eases in particular, Cuevas and Durrough, contain testimony similar to that of Brown and will, therefore, be discussed in detail.

In Cuevas, 641 S.W.2d at 560, the venire-member testified “that under no circumstances could he participate as a juror in returning a verdict that would require the court to assess the death penalty.” After an explanation of the Texas statutory punishment issues, the veniremember testified:

Trial Judge: Now, you have expressed an objection to the death penalty.

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Cite This Page — Counsel Stack

Bluebook (online)
889 S.W.2d 290, 1994 Tex. Crim. App. LEXIS 147, 1993 WL 457205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riley-v-state-texcrimapp-1994.