State v. Christian

526 S.E.2d 810, 206 W. Va. 579, 1999 W. Va. LEXIS 143
CourtWest Virginia Supreme Court
DecidedNovember 19, 1999
DocketNo. 26438
StatusPublished
Cited by2 cases

This text of 526 S.E.2d 810 (State v. Christian) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Christian, 526 S.E.2d 810, 206 W. Va. 579, 1999 W. Va. LEXIS 143 (W. Va. 1999).

Opinions

PER CURIAM:

Lawrence E. Christian, III, appellanVde-fendant (hereinafter referred to as “Mr. Christian”), appeals from a judgment by the Circuit Court of McDowell County sentencing him to twelve years imprisonment after his conviction for voluntary manslaughter. Mr. Christian asserts one assignment of error. Mr. Christian claims the trial court committed error in denying his motion to strike a prospective juror for cause. Based upon the parties’ arguments on appeal, the record designated for appellate review, and the pertinent authorities, we reverse and remand this ease for a new trial.

I.

FACTUAL AND PROCEDURAL HISTORY

On November 7,1995, Mr. Christian was a passenger in a car being driven by Ms. April Stanley. Also in the car was another passenger named Mr. Eric Walls. The three individuals were traveling near U.S. Route 52 in Maitland to pick up a vehicle owned by Mr. Walls. They arrived at Mr. Walls’ vehicle at approximately 6:00 p.m.

When Mr. Christian and his two companions arrived at Mr. Walls’ vehicle, two other individuals, Mr. William Cleary and Mr. Billy Reed, were present at the roadside. The evidence was conflicting as to some of the events that occurred when Mr. Christian and his two companions arrived. Mr. Christian testified that Mr. Cleary approached their car wielding a baseball bat.1 It was undisputed, however, that Mr. Christian fired a bullet from a .38 revolver while in the car. The bullet fired-by Mr. Christian struck Mr. Cleary in the chest and killed him.2

Mr. Christian was a juvenile at the time of the shooting. However, he was prosecuted as an adult for first degree murder. The trial began on June 3, 1996. On June 7, 1996, the jury returned a guilty verdict against Mr. Christian for voluntary manslaughter. Mr. Christian was sentenced to twelve years imprisonment on August 8, 1996. On January 8,1999, Mr. Christian was resentenced.3 This appeal resulted from the resentencing order.

II.

STANDARD OF REVIEW

The issue presented involves the trial court’s ruling denying a motion by Mr. Christian to strike a prospective • juror for cause. “A trial court’s ruling on a challenge [581]*581for cause is reviewed under an abuse of discretion standard.” State v. Phillips, 194 W.Va. 569, 588, 461 S.E.2d 75, 94 (1995). This Court has indicated that a trial court’s determination as to whether to strike a juror for cause will be “reverse[d] only where actual prejudice is demonstrated.” State v. Miller, 197 W.Va. 588, 605, 476 S.E.2d 535, 552 (1996) (citation omitted). We have also ruled that “[a]n appellate court only should interfere with a trial court’s discretionary ruling on a juror’s qualification to serve because of bias only when it is left with a clear and definite impression that a prospective juror would be unable faithfully and impartially to apply the law.” Syl. Pt. 6, in part, State v. Miller.

III.

DISCUSSION

During the trial, Mr. Christian moved the court to strike a prospective juror, Ms. Vada Cecil, for cause. During voir dire, Ms. Cecil stated that she had heard information about the case from her sister, who is the mother of Mr. Eric Walls. Ms. Cecil stated that her sister informed her that Mr. Eric Walls was involved in the case. Ms. Cecil also advised the parties that she knew Ms. April Stanley. At the conclusion of the voir dire of Ms. Cecil, Ms. Cecil indicated that she could reach an impartial verdict based upon the evidence. Mr. Christian moved to strike Ms. Cecil for cause. The trial court denied the motion.4 Mr. Christian utilized a peremptory strike to remove Ms. Cecil from the jury panel.

We have previously ruled that “[t]he language of W. Va.Code § 62-3-3 (1949), grants a defendant the specific right to reserve his or her peremptory challenges until an unbiased jury panel is assembled. Consequently, if a defendant validly challenges a prospective juror for cause and the trial court fails to remove the juror, reversible error results even if a defendant subsequently uses his peremptory challenge to correct the trial court’s error.” Syl. Pt. 8, State v. Phillips. This Court has long held that “ ‘[t]he true test to be applied with regard to qualifications of a juror is whether a juror can, without, bias or prejudice, return a verdict based on the evidence and the court’s instructions and disregard any prior opinions he may have had.’ State v. Charlot, 157 W.Va. 994, 1000, 206 S.E.2d 908, 912 (1974).” Syl. Pt. 1, State v. Harshbarger, 170 W.Va. 401, 294 S.E.2d 254 (1982). We have recognized that “[ajctual bias can be shown either by a juror’s own admission of bias or by proof of specific facts which show the juror has such prejudice or ^ connection with the parties at trial that bias is presumed.”

Ms. Cecil responded to questions during voir dire that raised doubt about her possible bias or prejudice. The trial court conducted individual voir dire of Ms. Cecil and afforded to counsel for Mr. Christian and counsel for the State the opportunity to question her. Thus, we find that the trial court followed the proper procedure for determining a juror’s qualifications. See Syl. Pt. 1, State v. Finley, 177 W.Va. 554, 355 S.E.2d 47 (1987) (‘When a trial court determines that prospective jurors have been exposed to information which may be prejudicial, the trial court, upon its own motion or motion of counsel, shall question or permit the questioning of the prospective jurors individually, out of the presence of the other prospective jurors, to ascertain whether the prospective jurors remain free of bias or prejudice”). Having determined that the trial court followed the proper procedure, we now consider whether it abused its discretion in refusing to strike Ms. Cecil for cause.

In syllabus point 2 of State v. Kilpatrick, 158 W.Va. 289, 210 S.E.2d 480 (1974) this Court held that “[w]hen a prospective juror is closely related by consanguinity to a prosecuting witness or to a witness for the prosecution, who has taken an active part in the prosecution or is particularly interested in the result, he should be excluded upon the motion of thé adversé party.” Mr. Christian [582]*582cites to Kilpatrick as standing for the proposition that “[a] prospective juror who is a relative to a party, important witness, or victim is not permitted to serve as a juror.” Mr. Christian has misread Kilpatrick.

Kilpatrick does not establish a per se removal for cause of a prospective juror who is related to a witness. Kilpatrick qualified its ruling by indicating the witness must have (1) taken an active part in the prosecution or (2) be particularly interested in the result. While we believe Mr. Christian misread Kil-patrick as establishing a per se removal for cause, we nevertheless find that the decision in Kilpatrick warrants reversal in this case.

In Kilpatrick,

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Bluebook (online)
526 S.E.2d 810, 206 W. Va. 579, 1999 W. Va. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-christian-wva-1999.