Scoggins v. State

691 So. 2d 1185, 1997 WL 194469
CourtDistrict Court of Appeal of Florida
DecidedApril 23, 1997
Docket96-0228
StatusPublished
Cited by16 cases

This text of 691 So. 2d 1185 (Scoggins v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scoggins v. State, 691 So. 2d 1185, 1997 WL 194469 (Fla. Ct. App. 1997).

Opinion

691 So.2d 1185 (1997)

James SCOGGINS, Appellant,
v.
STATE of Florida, Appellee.

No. 96-0228.

District Court of Appeal of Florida, Fourth District.

April 23, 1997.

Richard L. Jorandby, Public Defender, and Ellen Morris, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

*1186 GROSS, Judge.

The primary issue in this case concerns the trial court's inquiry into the numerical division of the jury after being informed that the jury was at an impasse. We hold that such inquiry is error that must be analyzed under the totality of the circumstances to determine if the jury was coerced into returning a verdict.

Appellant James Scoggins was convicted of possession of cocaine following a jury trial. The evidence at trial was that the police found crack cocaine in the ashtray of Scoggins' truck after a traffic stop. Initially, Scoggins said that the drugs did not belong to him. He pointed out that he had recently loaned his truck to someone else. After his arrest, on the way to the police station, Scoggins admitted that the drugs were his.

After some deliberations, the jury sent a written question to the court:

We do not have a unanimous jury at this time and those who are in disagreement feel that they will not change their minds. What should we do?

Outside the presence of the jury, the judge asked both trial counsel if they objected to his asking the jury how it was numerically split. Neither objected. The following exchange between the court and the jury foreperson then occurred:

COURT: ... [D]o you think further deliberations would help at all?
[FOREPERSON]: There are those who feel that further deliberations would not help them.
COURT: Okay. Can I assume by that, that more than one person—the split is more than one person?
[FOREPERSON]: Yes.
COURT: So, in other words, at least four to two?
[FOREPERSON]: Yes.
COURT: Okay. And what about if I reset the deliberations until tomorrow, have you come back, you think that would serve any useful purpose?
[FOREPERSON]: You have to do what you feel is right.
COURT: Really, I don't want—this is a very sensitive area, because I'm not allowed to make inquiry about a jury's deliberations, just not allowed to. So I can't ask you more than that.
If you as a foreperson are advising me that you think in any way that by resetting this until tomorrow, that could help this jury come to a decision, I will do it. If you think there's no way— if you want to talk to the other jurors, and if you think there's no way, then I'll declare a mistrial.
[FOREPERSON]: Am I allowed to express my personal feelings?
COURT: No.
[FOREPERSON]: Perhaps we should go back into the room, just decide whether or not we should meet tomorrow, and then come back out again.

After retiring to the jury room, a short while later the jury sent a note to the judge indicating that they were "willing to come back tomorrow & deliberate for a little longer being we are still divided. We prefer morning." The court excused the jury for the evening. Neither side requested the jury deadlock charge and the trial judge did not give it. See Fla. Std. Jury Instr. (Crim.) 3.06. Following deliberations the next morning, the jury returned a guilty verdict.

Two Florida cases have held that it is error for a trial judge to ask the jury for its numerical split during deliberations. McKinney v. State, 640 So.2d 1183, 1186-87 (Fla. 2d DCA 1994), reaches this conclusion without discussion and suggests that the harmless error analysis applies. Rodriguez v. State, 559 So.2d 678 (Fla. 3d DCA 1990), takes a more extreme view, holding that the error is fundamental and indicating that such polling of the jury is per se reversible. Rodriguez adopts the rule of the United States Supreme Court in Brasfield v. United States, 272 U.S. 448, 47 S.Ct. 135, 71 L.Ed. 345 (1926), from which it quotes at length:

We deem it essential to the fair and impartial conduct of the trial, that the inquiry[1] itself should be regarded as ground *1187 for reversal. Such procedure serves no useful purpose that cannot be attained by questions not requiring the jury to reveal the nature or extent of its division. Its effect upon a divided jury will often depend upon circumstances which cannot properly be known to the trial judge or to the appellate courts and may vary widely in different situations, but in general its tendency is coercive. It can rarely be resorted to without bringing to bear in some degree, serious although not measurable, an improper influence upon the jury, from whose deliberations every consideration other than that of the evidence and the law as expounded in a proper charge, should be excluded.

Rodriguez, 559 So.2d at 679 (quoting Brasfield, 272 U.S. at 450, 47 S.Ct. at 135-36) (footnote added).

Since Brasfield was decided in 1926, there has been much litigation concerning the propriety of a trial court's inquiry into the jury's numerical division. See George R. Preist, Annotation, Propriety and Prejudicial Effect of Trial Court's Inquiry as to Numerical Division of Jury, 77 A.L.R.3d 769 (1977). The federal courts follow Brasfield's holding that such an inquiry is per se reversible error. See, e.g., United States v. Webb, 816 F.2d 1263, 1266 (8th Cir.1987); Cornell v. State of Iowa, 628 F.2d 1044, 1047 (8th Cir. 1980), cert. denied, 449 U.S. 1126, 101 S.Ct. 944, 67 L.Ed.2d 112 (1981); Government of the Virgin Islands v. Romain, 600 F.2d 435 (3d Cir.1979).[2]

Even though it is the rule in the federal system, Brasfield is not binding on the states. The source of the Brasfield rule is not the federal constitution; it is a rule of judicial administration based on the supervisory power of the Supreme Court over the federal court system. Lowenfield v. Phelps, 484 U.S. 231, 239-40, 108 S.Ct. 546, 552, 98 L.Ed.2d 568 (1988); Cornell, 628 F.2d at 1047; Ellis v. Reed, 596 F.2d 1195, 1197 (4th Cir.), cert. denied, 444 U.S. 973, 100 S.Ct. 468, 62 L.Ed.2d 388 (1979). Every federal court of appeals that has addressed the issue has "rejected the notion that Brasfield's per se reversal approach must be followed" by the states. Lowenfield, 484 U.S. at 240, 108 S.Ct. at 552; see, e.g., Montoya v. Scott, 65 F.3d 405, 412 (5th Cir.1995), cert. denied, ___ U.S. ___, 116 S.Ct. 1417, 134 L.Ed.2d 542 (1996).

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Bluebook (online)
691 So. 2d 1185, 1997 WL 194469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scoggins-v-state-fladistctapp-1997.