Rogers v. Commonwealth

315 S.W.3d 303, 2010 Ky. LEXIS 141, 2010 WL 2465509
CourtKentucky Supreme Court
DecidedJune 17, 2010
Docket2008-SC-000915-MR
StatusPublished
Cited by30 cases

This text of 315 S.W.3d 303 (Rogers v. Commonwealth) 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
Rogers v. Commonwealth, 315 S.W.3d 303, 2010 Ky. LEXIS 141, 2010 WL 2465509 (Ky. 2010).

Opinions

Opinion of the Court by

Justice VENTERS.

Appellant, Ray’mon Rogers, appeals as a matter of right1 from a judgment entered upon a jury verdict convicting him of complicity to commit murder, complicity to criminal attempt to commit murder, and two counts of complicity to commit first-degree robbery. In accordance with the jury’s recommendation, he was sentenced to a total of forty years’ imprisonment.

On appeal, Appellant presents the following arguments: (1) that the trial court erred by refusing to allow him to question the venire panel during voir dire regarding the difference between the burden of proof at a civil trial versus a criminal trial; (2) that he was entitled to a directed verdict on both counts of complicity to first-degree robbery; and (3) that he was entitled to a directed verdict on the charge of complicity to criminal attempt to commit murder. For the reasons explained below, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

The evidence presented and viewed in the light most favorable to the Commonwealth established the following facts. In April 2007, Appellant had just turned eighteen. He frequently ran around with James Bryant in a Ford Crown Victoria owned by Bryant’s wife. Appellant was well acquainted with murder victim Marcus Pratt, whom he had known since elementary school.

On the evening of April 20, 2007, Appellant borrowed the Crown Victoria and drove to New Albany, Indiana, to pick up Pratt and attempted-murder victim James Hollister. Hollister testified he saw Pratt had about $800.00 to $1,000.00 in cash that night. The group left New Albany, crossed the bridge into Louisville, picked up two girls, and then went to a liquor store. Pratt paid for the liquor.

From there, they went to a residence where they found Bryant. Bryant joined Appellant, Pratt, Hollister, and the girls in the Crown Victoria. They stopped at another drive-thru liquor store. Pratt again paid for the liquor. Hollister noticed that Bryant watched Pratt getting out the cash, and thus knew that Bryant was aware that Pratt carried a large amount of money on his person. Then, they went to the girls’ apartment where they drank alcohol and smoked marijuana. Hollister noticed Pratt had two cell phones with him.

After a while, Pratt told Appellant and Bryant that he and Hollister wanted to go back to Indiana. Bryant responded there was one more stop to make, and they left the girls’ apartment. After getting back into the vehicle, Pratt and Hollister fell asleep. Appellant initially drove, but because he was so intoxicated, Bryant took over the driving, and drove the car to Elizabethtown, with Hollister and Pratt asleep in the backseat.

Hollister testified he was awakened by the sounds of Appellant and Bryant outside the vehicle yelling at Pratt to give them “everything” he had. Bryant, seeing that Hollister had awakened, pulled him from the vehicle, and all four began to [306]*306fight. Pratt tried to run and as he did, Appellant drew a gun and shot Pratt, killing him. In the meantime, Bryant severely beat Hollister into unconsciousness.

In the morning, Hollister woke up and tried to get help at nearby residences. His cell phone and money were missing. He eventually passed out. The next thing he remembered was awakening in the hospital, having suffered a broken nose and other injuries.

Neither of Pratt’s two cell phones, and none of the cash that he had on his person the previous night was found on his body. In the days following the murder, Appellant was observed with a large amount of cash and a black cell phone he had not previously been known to have.

Police suspicion soon turned toward Appellant and Bryant. In an April 23, 2007, interview with Elizabethtown Police, Appellant admitted to being with Bryant the evening of April 20, 2007, but claimed that Bryant alone committed all of the crimes. Appellant claimed to have been asleep when they arrived at Elizabethtown, and that he was awakened by shots outside the vehicle as Bryant murdered Pratt. Appellant claimed he then pretended to sleep while Bryant pulled Hollister from the vehicle and proceeded to beat him. He repeated this version of events at trial.

Appellant was indicted for complicity to murder, complicity to attempted murder, and two counts of complicity to first-degree robbery. The Commonwealth filed a notice that it would seek the death penalty, but later withdrew the notice. Bryant was similarly indicted, but was tried separately. Appellant was convicted of all charges. The jury recommended a total sentence of forty years’ imprisonment. On November 10, 2008, the trial court issued a judgment and sentence consistent with the jury’s recommendation. This appeal followed.

II. THE TRIAL COURT - PROPERLY LIMITED VOIR DIRE QUESTIONING REGARDING REASONABLE DOUBT

Appellant contends that the trial court erred by refusing to allow him to question the venire panel during voir dire regarding the difference between the burden of proof at a civil trial versus a criminal trial.

During voir dire, Appellant’s counsel began to ask the venire panel if they knew the difference between a civil trial and a criminal trial with respect to the requirement of proof beyond a reasonable doubt. When the Commonwealth objected, trial counsel explained to the judge that he was trying to “let the jury know” that a different standard of proof applied in criminal cases. Later in the same bench conference, counsel stated that he was trying to “educate the jury” to the fact that a different standard applied in a criminal case. The trial court sustained the Commonwealth’s objection on the grounds that trial counsel was improperly attempting to define reasonable doubt. Although counsel was allowed to tell the panel that the burden in a criminal case is “beyond a reasonable doubt,” he was not allowed to contrast that with a civil trial’s “preponderance of the evidence” standard. The trial court concluded that explaining to the jury that belief beyond a reasonable doubt differed from belief by a preponderance of the evidence was tantamount to defining reasonable doubt, and would violate RCr 9.56. We affirm the trial court’s exercise of discretion in limiting Appellant’s counsel’s statements to the jury, although we do so for slightly different reasons.

Trial courts are granted broad discretion and wide latitude in their control of the voir dire examination under RCr 9.38. “While it is within the discre[307]*307tion of the trial court to limit the scope of voir dire, that discretion is not boundless. Appellate review of such limitation is for abuse of discretion.” Hayes v. Commonwealth, 175 S.W.3d 574, 583 (Ky.2005) (citing Webb v. Commonwealth, 314 S.W.2d 543, 545 (Ky.1958)).

We observe at the outset that under RCr 9.38, voir dire is an “examination of the prospective jurors” by which the court and counsel seek information from the prospective jurors. It is not an occasion for counsel to educate the juror panel regarding legal concepts, although competent trial lawyers might properly structure their questions to the panel in a way that achieves that end. “The principal purpose of voir dire is to probe each prospective juror’s state of mind and to ... allow counsel to assess suspected bias or prejudice.” Lawson v. Commonwealth, 53 S.W.3d 534

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Bluebook (online)
315 S.W.3d 303, 2010 Ky. LEXIS 141, 2010 WL 2465509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-commonwealth-ky-2010.