State v. Carsner

894 P.2d 144, 126 Idaho 911, 1995 Ida. App. LEXIS 34
CourtIdaho Court of Appeals
DecidedMarch 9, 1995
Docket20970
StatusPublished
Cited by13 cases

This text of 894 P.2d 144 (State v. Carsner) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Carsner, 894 P.2d 144, 126 Idaho 911, 1995 Ida. App. LEXIS 34 (Idaho Ct. App. 1995).

Opinions

PERRY, Judge.

In this case we are asked to review a number of rulings by the district court in a criminal trial. After reviewing the record and the alleged errors, we affirm the judgment of conviction.

FACTS AND PROCEDURE

On June 3, 1992, Lorraine McKee died from a single gunshot wound to the head. From a neighbor’s apartment, Jeffrey Carsner, McKee’s live-in boyfriend, called 911 and stated that his girlfriend had just shot herself. When the police arrived, they found Carsner still in the neighbor’s apartment. Carsner again told the police that McKee had shot herself. An investigation of the scene showed that after McKee had died, her body had been moved by someone. Other evidence suggested a struggle had occurred before the shooting. The gun used in the shooting was not initially recovered, but was found in the bedding underneath McKee once her body was removed.

Carsner was charged with second degree murder. He pled not guilty. Carsner maintained at trial that he was not in the room at the time of the shooting and that McKee had committed suicide. To explain the movement of the body and the further evidence suggesting a struggle, the defense theorized that someone, probably other neighbors, had entered the house after the shooting in search of marijuana and valuables.

The prosecution’s theory was that Carsner had intentionally killed McKee. To support this, expert testimony was offered on high-speed blood splatters found on Carsner’s clothing. These splatters indicated that Carsner was in close proximity to McKee when the gun was fired. The prosecution also produced evidence of motive, offering a note written by McKee to Carsner instructing him to move out of the apartment. There was an outstanding felony arrest warrant for Carsner in Oregon and McKee’s note indicated that if Carsner did not move out as she instructed, leaving his young son and their cars behind, McKee would contact the authorities.

The jury was given instructions on second degree murder and the lesser included offense of manslaughter. The jury was further instructed on adequate provocation. Carsner was found guilty of second degree murder. Carsner appeals his conviction, claiming that Idaho’s standard jury instructions on murder and manslaughter are incomprehensible and should be rewritten in modern, understandable language. Carsner also claims that a number of other errors resulted in an unfair trial, including: (1) improper jury instructions; (2) improper response by the district court to a written question from the jury; (3) improper impeachment of a defense witness; and (4) improper comments by the prosecutor during closing argument. Finally, Carsner claims that all the errors together amounted to cumulative error.

ANALYSIS

A. JURY INSTRUCTIONS

1. Murder/Manslaughter Instructions

Carsner asserts that Idaho’s standard jury instructions regarding murder and manslaughter are incomprehensible and unnecessarily confusing. He urges this Court to hold that the instructions are improper and should be rewritten in modem, understandable language. Specifically, Carsner chai[914]*914lenges such phrases as “abandoned and malignant heart,” “malice, express or implied,” and “malice is negated by sudden quarrel or heat of passion,” as used in Instruction Nos. 8, 9, 15, 16, 17 and 18. At trial, counsel for Carsner below did not object to the wording of these instructions. Normally the failure to object below precludes consideration of an alleged error on appeal. The Idaho Supreme Court has stated, however, in interpreting revisions to I.C.R. 30, that “the failure to object to an instruction at trial in a criminal case does not constitute a waiver of any objection to the instruction on appeal.” State v. Smith, 117 Idaho 225, 229, 786 P.2d 1127, 1131 (1990). Thus, we may consider Carsner’s challenge to the jury instruction language.

The language that Carsner objects to is drawn from the Idaho statutes defining murder, malice and manslaughter. I.C. §§ 18-4001, -4002 and -4006. In a challenge to similar instructions as those given in this case, the Idaho Supreme Court has stated:

An instruction to the jury that essentially follows the words of a statute normally is not error. “Ordinarily, the language employed by the legislature in defining a crime is deemed to be best suited for that purpose, and error cannot be predicated upon its use in informations and instructions.”

State v. Aragon, 107 Idaho 358, 362, 690 P.2d 293, 297 (1984) quoting State v. Brooks, 49 Idaho 404, 409, 288 P. 894, 896 (1930).

This ease falls squarely within the principle set forth in Aragon and Brooks. If the legislature chooses to amend the language of the statutes defining murder and manslaughter, then the instructions given to juries in this state should parallel those changes. Until such time, however, we are bound by the words that the legislature has chosen for the definition of various crimes. Accordingly, we reject Carsner’s argument that his conviction should be overturned because of the language in the challenged instructions.

2. Instruction on Silence as Evidence of Guilt

Carsner asserts that Instruction No. 13 improperly allowed the jury to consider Carsner’s silence as evidence of his guilt. Instruction No. 13 read:

Intent ordinarily may not be proved directly, because there is no way of fathoming or scrutinizing the operations of the human mind. But you may infer the defendant’s intent from the surrounding circumstances. You may consider any statement made and done or omitted by the defendant, and all other facts and circumstances in evidence which indicate his state of mind.

Carsner claims that this instruction violates his right to remain silent as guaranteed by the Fifth Amendment of the United States Constitution and Article I, Section 13 of the Idaho State Constitution.

The question whether the jury has been properly instructed is a question of law over which we exercise free review. State v. Gleason, 123 Idaho 62, 65, 844 P.2d 691, 694 (1992). When reviewing jury instructions, we ask whether the instructions as a whole, and not individually, fairly and accurately reflect applicable law. State v. Bowman, 124 Idaho 936, 942, 866 P.2d 193, 199 (Ct.App.1993).

The court and prosecution cannot comment on the accused’s decision not to testify at trial as an inference of guilt. Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965). The question here, however, is whether Instruction No. 13 invited the jury to make such an inference. The jury was also instructed, by Instruction No. 6, that:

It is a constitutional right of a defendant in [a] criminal trial that he may not be compelled to testify. Thus the decision as to whether he should testify is left to the defendant, acting with the advice and assistance of his attorney.

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State v. Carsner
894 P.2d 144 (Idaho Court of Appeals, 1995)

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Bluebook (online)
894 P.2d 144, 126 Idaho 911, 1995 Ida. App. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carsner-idahoctapp-1995.