Robert Morrison v. Commonwealth of Kentucky

528 S.W.3d 896
CourtKentucky Supreme Court
DecidedSeptember 28, 2017
Docket2015-SC-000712-DG
StatusUnknown
Cited by5 cases

This text of 528 S.W.3d 896 (Robert Morrison v. Commonwealth of Kentucky) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Morrison v. Commonwealth of Kentucky, 528 S.W.3d 896 (Ky. 2017).

Opinion

OPINION OF THE COURT BY

JUSTICE WRIGHT

A Hickman Circuit Court jury found Appellant, Robert Morrison, guilty of escape and fleeing or evading police and found him to be a first-degree persistent felony offender. The trial court sentenced Appellant to fifteen years’ imprisonment. Appellant appealed to the Court of Appeals, arguing the trial court erred in failing to strike a juror for cause, 1 and that court affirmed the trial court. Appellant sought discretionary review with this Court, which we granted. For the reasons that follow, we reverse the Court of Appeals and remand this matter to the trial court.

I. BACKGROUND

The facts underlying the escape and fleeing or evading charges for which Appellant was convicted are not at issue in this appeal. Appellant’s sole issue involves jury selection. During voir dire, a juror, Mrs. Morris revealed that she was the mother of the County Attorney, Sue Ellen Morris. The judge called the juror to the bench for a colloquy. She was present during the entirety of the following exchange:

Judge: How ya doing today, Mrs. Morris?
Juror: Good.
Judge: You are Sue Ellen’s mother?
Juror: Yes.
Judge: Would that cause you any problems today sitting, hearing this case, and rendering a decision?
Juror: I don’t think so, but I didn’t want—
Judge: Well, we appreciate ya telling everybody so everybody else would know who you were.'
Juror: Okay.
Judge: All right.
Defense: Judge, I would ask her—for her to be excused for cause. Sue: Ellen is the—Ms. Morris—I’m sorry—is the attorney who did the preliminary hearing. I just don’t want there to be—albeit an appearance—and I don’t think it cures it by asking her. I think there is pressure on her to say she can be unbiased and it’s just too close to the case.
Judge: All right. Commonwealth?
Prosecutor: I don’t have a problem with her sitting. Like I said, I think she is gonna make up her mind.
Judge: Okay, Mrs. Morris, let me ask you this. Has Sue Ellen discussed this particular case with you at all?
Juror: She doesn’t discuss cases with me. Which she said she wouldn’t want me on a jury.
Judge: She said she wouldn’t want you? That’s just cause you’re her mama and she’s trying to give you a way out?
(All laugh)
Juror: I guess. I don’t know.
Judge: She doesn’t discuss any case with you?
Juror: No.
Judge: In particular, she-has not discussed this case?
Juror: She has not—any cases.
Judge: And you don’t have any knowledge of this case?
Juror: No.
Judge: And you don’t feel like you have any bias one way or-the other since Sue Ellen—which she is the County Attorney—she’s not in this case. She’s not going to be assisting [the prosecution] today is she?
Prosecutor: No.
Judge: She’s not going to be called as a witness or anything is she?
Defense: No, Judge.
Judge: Alright. And you are asking that she be excused for cause?
Defense: Yes, I am—or even to keep her in reserve. That would be okay, too, I guess. But I don’t think we’re gonna have any shortage of jurors today.
Judge: What says the Commonwealth?
Prosecutor: I just don’t feel like it’s a problem.
Judge: Well, nor do I. Mrs. Morris said she doesn’t know anything about this case. She said Sue Ellen, the County Attorney, has not discussed any case with her. I do not find that surprising or to be unusual. I would expect nothing less of Ms. Morris, the County Attorney. She wouldn’t discuss a case going to trial. TJm, Ma’am?
Juror: Yes.
Judge: I am gonna allow ya to remain in box. Doesn’t mean you will get to stay all day, but I am gonna allow ya'to remain in box. Motion overruled.
Defense: Yes Judge.
Judge: Thank ya, ma’am.

As shown above, the court denied the challenge for cause, finding that the juror had no actual knowledge of the case and that juror’s daughter, the County Attorney, was not currently involved in the case. The trial court also found that though she had been listed on a preliminary witness list, the County Attorney was unlikely to be called as a witness for the Commonwealth. 2

Later, Appellant used a peremptory strike on the juror in question and noted, with specificity, the name of the petit juror he would have stricken, if the juror in question had been removed for cause. As such, Appellant complied with Gabbard v. Commonwealth, 297 S.W.3d 844 (Ky. 2009) and properly preserved the issue for appellate review.

II. ANALYSIS

As this Court has noted, “longstanding Kentucky law has held that a trial court’s decision on whether to strike a juror for cause must be reviewed for abuse of discretion.” Shane v. Commonwealth, 248 S.W.3d 336, 338 (Ky. 2007) (citing Adkins v. Commonwealth, 96 S.W.3d 779 (Ky. 2003); Pendleton v. Commonwealth, 83 S.W.3d 522 (Ky. 2002)). “The test for abuse of discretion is whether the trial judge’s decision was arbitrary, unreasonable, unfair, or unsupported by sound legal principles.” Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999).

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Cite This Page — Counsel Stack

Bluebook (online)
528 S.W.3d 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-morrison-v-commonwealth-of-kentucky-ky-2017.