State v. Chapman

829 A.2d 1083, 149 N.H. 753, 2003 N.H. LEXIS 120
CourtSupreme Court of New Hampshire
DecidedAugust 19, 2003
DocketNo. 2002-599
StatusPublished
Cited by5 cases

This text of 829 A.2d 1083 (State v. Chapman) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Chapman, 829 A.2d 1083, 149 N.H. 753, 2003 N.H. LEXIS 120 (N.H. 2003).

Opinion

Dalianis, J.

The defendant, Deborah Chapman, was convicted by a jury of two counts of theft by unauthorized taking, see RSA 637:3 (1996). On appeal, she argues that the Superior Court (Morrill, J.) erred by: 1) excusing a juror without cause over the defendant’s objection; 2) failing to completely and adequately answer a jury question during deliberations; and 3) failing to grant either the defendant’s motion to dismiss or motion for directed verdict. We affirm.

The jury could have found the following facts. The defendant was an employee of Hubert’s department store in Claremont. Hubert’s cash registers were computerized and required the employee to enter his or her initials in a register when using it for processing sales, returns and voids. A return occurs when a customer returns merchandise that has previously been purchased. A void occurs when a sale is negated from the register before the merchandise leaves the store. While any employee is allowed to [755]*755process a return on the cash register, only key holders, assistant managers and managers could enter voids, which require a password.

In April 2000, the defendant was an assistant manager at Hubert’s and had trained a part-time clerk named Amy Paquette. In October 2000, Paquette observed the defendant entering other employees’ initials into a cash register. The defendant instructed Paquette not to tell anyone or else she would tell the owners that Paquette was responsible. Subsequently, the defendant started coming to the store on her days off and having Paquette process returns for items the defendant did not purchase. The defendant again threatened to accuse Paquette if she refused to process the returns. Paquette testified that the defendant fraudulently returned “[expensive items, boots and jackets,” each worth over $100.

In February 2001, the store’s president, Guenter Hubert, noticed discrepancies in the Claremont store’s sales records and asked the district manager, Dawn Safford, to investigate the matter. Safford and Hubert discovered that, between January 2000 and February 2001, there were forty-two fraudulent returns, totaling over $5,000, at the Claremont store. They also learned that the defendant was working when thirty-two of those transactions took place, and that the other ten transactions occurred when Paquette was working.

Hubert also discovered 130 fraudulent voids, totaling more than $500, entered at the Claremont store between December 1999 and December 2000. These voids all took place when the defendant was working. Further, on many occasions, the defendant was the only employee on duty authorized to enter voids. In addition, many of the fraudulent voids were entered a few seconds before or after a sale was entered on a cash register under the defendant’s initials.

Prior to trial, the judge disqualified a juror because she informed the court that her boyfriend, with whom she lived, was the defendant’s cousin. In response to questioning by the court whether her boyfriend would be upset if she voted to convict the defendant, the juror stated:

I’m not sure. Personally, I feel it’s my duty — if he gets upset, I don’t know how he’ll find out until after it was over with by his family, if he talks to his family. I’ve been with him for three years and I’ve never met her.

The court disqualified the juror, finding that “her objectivity can clearly be called into question.”

Finally, during deliberations, the jury sent a question to the court asking:

[756]*756[C]an we consider all the evidence regarding both charges? We have a verdict on one, but are stuck on the other. If you could talk ■ to us about that it would be very helpful. We are asking for legal clarification.

The court responded as follows: “You must consider each charge separately; however you may use all the evidence introduced that is relevant to a spécific charge. Please continue to deliberate until you’ve reached verdicts on both indictments.” Defense counsel requested that the court give a deadlock jury instruction on the grounds that use of the word “stuck” meant, that the jury was deadlocked, but the court disagreed. Counsel then moved for a mistrial on the indictment upon which the jury was “stuck,” if the court would not give a deadlock instruction. The court denied the motion.

Approximately two hours after receiving the court’s instruction, the jury returned guilty verdicts on both counts of theft by unauthorized taking. This appeal followed.

The defendant first argues that the trial court erred by disqualifying the juror, thereby depriving her of a fair and impartial jury. “It is a fundamental precept of our system of justice that a defendant has the fight to be tried by. a fair and impartial jury.” State v. Weir, 138 N.H. 671, 673 (1994) (quotation omitted). RSA 500-A:12, II (1996) provides that “[i]f it appears that any juror is not indifferent, he shall be set aside on that trial.” “The-trial court’s determination of the impartiality of the jurors selected, essentially a question of demeanor and credibility, is entitled to special deference;” so that-the trial court’s determination on this issue will only be reversed for an unsustainable exercise of discretion or a finding that the decision was against the weight of the evidence. Weir, 138 N.H. at 673-74 (ellipsis and quotations omitted); see also State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard). . .

We conclude that the trial court’s decision to excuse the juror was a sustainable exercise of its discretion. The juror’s connection to the defendant, which the juror herself brought to the court’s attention, and her uncertainty as to whether her boyfriend would be upset if she voted to convict the defendant, called into question her ability to be impartial. As a result, we find no error by the trial court in excusing the juror.

We next address whether the trial court committed reversible error in its treatment of the jury question received during deliberations. The defendant argues that the trial court’s answer was tantamount to coercing the jury to reach a verdict.

[757]*757A trial judge enjoys broad discretion in determining when and whether to instruct a jury on a deadlock charge. State v. Alexander, 143 N.H. 216, 224 (1998). “A trial court’s aid to the jury deliberation process is not per se impermissible provided the court does not set the tone of the deliberations by directing the jury down a path towards a guilty verdict; any such direction to the jury, however subtle, denies the defendant an impartial jury.” Id. (quotation, brackets, ellipsis and emphasis omitted). Further, the court’s instruction cannot be of a coercive nature that would improperly sway a jury to reach a unanimous verdict. Id.

Analogizing this case to State v. Jordan, 130 N.H. 48 (1987), the defendant asserts that the court was required to give the jury a deadlock instruction. We disagree. The situation before us is not analogous to Jordan. Unlike Jordan and related cases, in this case the trial court reasonably found that the jury was not deadlocked, but instead was merely seeking an answer to a legal question. Contrary to the defendant’s argument to the trial court, the jury’s use of the word “stuck” did not establish that the jury was deadlocked on the second theft by unauthorized taking charge.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of New Hampshire v. Tammy Dunn
Supreme Court of New Hampshire, 2015
State v. Germain
79 A.3d 1025 (Supreme Court of New Hampshire, 2013)
State v. MacInnes
867 A.2d 435 (Supreme Court of New Hampshire, 2005)
State v. Evans
839 A.2d 8 (Supreme Court of New Hampshire, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
829 A.2d 1083, 149 N.H. 753, 2003 N.H. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chapman-nh-2003.