Ross v. Oklahoma

487 U.S. 81, 108 S. Ct. 2273, 101 L. Ed. 2d 80, 1988 U.S. LEXIS 2871
CourtSupreme Court of the United States
DecidedAugust 25, 1988
Docket86-5309
StatusPublished
Cited by1,283 cases

This text of 487 U.S. 81 (Ross v. Oklahoma) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ross v. Oklahoma, 487 U.S. 81, 108 S. Ct. 2273, 101 L. Ed. 2d 80, 1988 U.S. LEXIS 2871 (1988).

Opinions

[83]*83Chief Justice Rehnquist

delivered the opinion of the Court.

During the selection of the jury in his capital murder trial, petitioner Bobby Lynn Ross resorted to one of his peremptory challenges to remove a juror whom the trial court should have excused for cause under Witherspoon v. Illinois, 391 U. S. 510 (1968). He claims that because of that fact the Sixth and Fourteenth Amendments to the United States Constitution require reversal of his conviction and sentence of death. We conclude they do not.

In the course of robbing a motel in Elk City, Oklahoma, petitioner killed a police officer. Petitioner was charged with first-degree murder, Okla. Stat., Tit. 21, §701.7 (Supp. 1987), a capital offense, Okla. Stat., Tit. 21, § 701.9(A) (Supp. 1987). By statute, Oklahoma provides nine peremptory challenges to both parties in capital trials. Okla. Stat., Tit. 22, §655 (1981).

The jury selection began with the drawing of 12 names from the 150-person venire. Each of the 12 was examined individually by the court and counsel. Prospective jurors not excused for cause after the voir dire were provisionally seated. If a prospective juror was excused for cause, a replacement juror was called and examined. After 12 jurors had been provisionally seated, the parties exercised their peremptory challenges alternately beginning with the prosecution. When a juror was struck, a replacement juror was immediately selected and examined in the manner described above. Once a replacement was provisionally seated, the trial court called for the exercise of a challenge by the party whose turn it was. This procedure was repeated until each side had exercised or waived its nine peremptory challenges.

Darrell Huling’s name was drawn to replace the juror excused by the defense with its fifth peremptory challenge. During voir dire, Huling initially indicated that he could vote to recommend a life sentence if the circumstances were appropriate. On further examination by defense counsel, Hul-[84]*84ing declared that if the jury found petitioner guilty, he would vote to impose death automatically. Defense counsel moved to have Huling removed for cause, arguing that Huling would not be able to follow the law at the penalty phase. The trial court denied the motion and Huling was provisionally seated. The defense then exercised its sixth peremptory challenge to remove Huling. The defense ultimately used all nine of its challenges. The prosecution used only five, waiving the remaining four.

None of the 12 jurors who actually sat and decided petitioner’s fate was challenged for cause by defense counsel. Petitioner is black; the victim was white. At the close of jury selection, the defense objected “to the composition of the twelve people, in that there were no black people called as jurymen in this case and the defendant feels he’s denied a fair and impartial trial by his peers.” App. 25. The trial court overruled the objection, and the trial commenced.

After two days of evidence, the parties gave closing arguments, the trial court instructed the jury, and deliberations began. The jury found petitioner guilty of first-degree murder.1 Following the presentation of evidence and arguments at a separate sentencing proceeding, the same jury found five aggravating circumstances and sentenced petitioner to death.

On appeal, the Oklahoma Court of Criminal Appeals rejected petitioner’s argument that the trial court had committed reversible error in failing to excuse Huling for cause:

“The failure of the trial court to remove a prospective juror who unequivocally states that he is unwilling to follow the law during the penalty phase by considering a life sentence is error. The record reflects that defense counsel challenged the prospective juror for cause, and when the court denied the challenge, defense counsel used [85]*85a peremptory challenge. All of [petitioner’s] peremptory challenges were subsequently used; but as there is nothing in the record to show that any juror who sat on the trial was objectionable, we are unable to discover any grounds for reversal.” 717 P. 2d 117, 120 (1986) (citations omitted).

We granted certiorari, 482 U. S. 926 (1987), to consider the Sixth and Fourteenth Amendment implications of the trial court’s failure to remove Huling for cause and petitioner’s subsequent use of a peremptory challenge to strike Huling. We now affirm.

In Wainwright v. Witt, 469 U. S. 412 (1985), the Court held that “the proper standard for determining when a prospective juror may be excused for cause because of his or her views on capital punishment... is whether the juror’s views would ‘prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.’ ” Id., at 424 (quoting Adams v. Texas, 448 U. S. 38, 45 (1980)). The Oklahoma Court of Criminal Appeals found, 717 P. 2d, at 120, and the State concedes, Tr. of Oral Rearg. 30, that Huling should have been excused for cause and that the trial court erred in failing to do so. Petitioner contends that this error abridged both his Sixth and Fourteenth Amendment right to an impartial jury, and his Fourteenth Amendment right to due process. We reject both grounds offered by petitioner.

It is well settled that the Sixth and Fourteenth Amendments guarantee a defendant on trial for his life the right to an impartial jury. Witt, supra; Irvin v. Dowd, 366 U. S. 717, 722 (1961). Had Huling sat on the jury that ultimately sentenced petitioner to death, and had petitioner properly preserved his right to challenge the trial court’s failure to remove Huling for cause, the sentence would have to be overturned. Adams, supra. But Huling did not sit. Petitioner exercised a peremptory challenge to remove him, and Huling [86]*86was thereby removed from the jury as effectively as if the trial court had excused him for cause.

Any claim that the jury was not impartial, therefore, must focus not on Huling, but on the jurors who ultimately sat. None of those 12 jurors, however, was challenged for cause by petitioner, and he has never suggested that any of the 12 was not impartial. “[T]he Constitution presupposes that a jury selected from a fair cross section of the community is impartial, regardless of the mix of individual viewpoints actually represented on the jury, so long as the jurors can conscientiously and properly carry out their sworn duty to apply the law to the facts of the particular case.” Lockhart v. McCree, 476 U. S. 162, 184 (1986). Although at the close of jury selection petitioner did assert that the jury was not fair and impartial, this claim was based on the absence of blacks from the jury panel. Petitioner neither presses that claim before this Court nor suggests that the absence of blacks was in any way related to the failure to remove Huling for cause. We conclude that petitioner has failed to establish that the jury was not impartial.

In arguing that the trial court’s error abridged his right to an impartial jury, petitioner relies heavily upon Gray v.

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Bluebook (online)
487 U.S. 81, 108 S. Ct. 2273, 101 L. Ed. 2d 80, 1988 U.S. LEXIS 2871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-oklahoma-scotus-1988.