State v. Falls Down

2003 MT 300, 79 P.3d 797, 318 Mont. 219, 2003 Mont. LEXIS 769
CourtMontana Supreme Court
DecidedNovember 10, 2003
Docket02-279
StatusPublished
Cited by25 cases

This text of 2003 MT 300 (State v. Falls Down) is published on Counsel Stack Legal Research, covering Montana 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. Falls Down, 2003 MT 300, 79 P.3d 797, 318 Mont. 219, 2003 Mont. LEXIS 769 (Mo. 2003).

Opinions

JUSTICE NELSON

delivered the Opinion of the Court.

INTRODUCTION

¶1 Myron Falls Down (Falls Down) appeals the judgment entered by the Thirteenth Judicial District Court, Yellowstone County, on a jury verdict finding him guilty of deliberate homicide, attempted deliberate homicide, aggravated kidnaping, two counts of sexual intercourse without consent, and one count of sexual intercourse without consent by accountability.

¶2 We affirm the District Court.

¶3 We address and restate the following issues on appeal:

¶4 1. Did the District Court err in denying four of Falls Down’s challenges for cause?

¶5 2. Did the District Court err in denying Falls Down’s objection to the State’s peremptory challenge?

¶6 3. Did the District Court err in denying Falls Down’s motion for a mistrial or for additional individual voir dire when the State asked the jury about their knowledge regarding post traumatic stress disorder?

FACTUAL AND PROCEDURAL BACKGROUND

¶7 Falls Down was convicted by a jury of deliberate homicide, attempted deliberate homicide, aggravated kidnaping, two counts of sexual intercourse without consent, and one count of sexual intercourse without consent by accountability.

¶8 Before his jury trial, individual voir dire was conducted. During individual voir dire, the potential jurors were asked to complete a questionnaire. The District Court, the State of Montana (State), and Falls Down then questioned the potential jurors who either had personal knowledge of the case, had heard about the case, or had answered affirmatively to any of the questions on the questionnaire.

¶9 During this questioning, Falls Down challenged for cause four potential jurors. These four jurors included: A.C., J.B., D.R., and M.S. Additional facts regarding their statements will be discussed as they become applicable in the following analysis.

¶10 The District Court denied three of Falls Down’s challenges for cause without explanation. As to the fourth challenge for cause, the District Court denied the challenge, stating generally that the law simply requires that an attorney obtain a commitment from a potential juror that the juror can set aside any personal biases.

¶11 After conducting individual voir dire, the State and Falls Down [222]*222then conducted general voir dire on the 48 potential jurors chosen from the individual voir dire process.

¶12 During this general voir dire, both the State and Falls Down exercised their first six peremptory challenges on the first 24 potential jurors questioned. In so doing, the State removed R.M., the only juror of a different ethnic background. Falls Down removed the four jurors, whom he was unsuccessful in challenging for cause, thereby using four of his six peremptory challenges.

¶13 Falls Down objected to the State’s peremptory challenge, citing “Battin” in support of his argument that such a challenge needed an explanation. The State countered by explaining it removed R.M. because it felt she would not be fair and impartial given that her son had been charged with an assault case and her husband had been involved in an assault case. The District Court then denied Falls Down’s objection, without finding that purposeful discrimination had not occurred in removing R.M. from the jury.

¶14 Also during general voir dire, the State asked the jurors if any of them knew about or had experience with post traumatic stress disorder (PTSD). In response to this question, two jurors stated that they had first-hand knowledge regarding the behavioral manifestations of PTSD. The State then asked these jurors to explain what behavioral manifestations they had observed. This line of questioning then concluded with the State asking whether the jurors would hold these behavioral manifestations against a witness. The jurors agreed that they would not and that they would use their common sense and experience in evaluating the testimony.

¶15 Falls Down did not object to the State’s questioning until he began his general voir dire. At that time, Falls Down moved for a mistrial, arguing that the questioning, in effect, bolstered and vouched for the State’s main witness. The District Court denied Falls Down’s motion for a mistrial, finding that because the State did not mention the witness’s name, no witness bolstering occurred.

¶16 Falls Down now appeals the District Court’s judgment.

ISSUE 1.

Standard of Review

¶17 We review whether a court, in granting or denying a challenge for cause, has abused its discretion. State v. Good, 2002 MT 59, ¶ 41, 309 Mont. 113, ¶ 41, 43 P.3d 948, ¶ 41. If a court has abused its discretion in granting or denying a challenge for cause, we then determine whether a conviction should be set aside as a result of that error. Good, ¶ 41.

[223]*223Discussion

¶18 Did the District Court err in denying four of Falls Down’s challenges for cause?

¶19 Falls Down argues that because the District Court erroneously denied his four challenges for cause, he had to use four of his six peremptory challenges to remove the jurors. In effect, Falls Down argues that the District Court denied him his statutorily entitled peremptory challenges. Further, Falls Down argues that even though the potential jurors indicated that they could be fair and impartial, that did not cure their biases. Thus, Falls Down argues that the error committed by the District Court in denying his challenges for cause was structural, requiring automatic reversal of Falls Down’s convictions.

¶20 The State argues that the potential jurors’ initial responses proved that they could be fair and impartial. The State also argues that only after further manipulation of the potential jurors’ initial responses did their responses become unclear and seemingly biased. ¶21 We agree with the State.

¶22 According to § 46-16-115(2)(j), MCA, a potential juror can be challenged for cause if that potential juror “[has] a state of mind in reference to the case or to either of the parties that would prevent the juror from acting with entire impartiality and without prejudice to the substantial rights of either party.”

¶23 We held in State v. DeVore, 1998 MT 340, 292 Mont. 325, 972 P.2d 816, that jurors should be disqualified based on their prejudices only where they have “form[ed] fixed opinions or the guilt or innocence of the defendant which they would not be able to lay aside and render a verdict based solely on the evidence presented in court.” DeVore, ¶ 21, overruled in part by Good (quoting Great Falls Tribune v. District Court, Etc. (1980), 186 Mont. 433, 439-40, 608 P.2d 116, 120 (citations omitted) (emphasis added)). Further, we noted that “[i]t is not a district court’s role to rehabilitate jurors whose spontaneous, and thus most reliable and honest, responses on voir dire expose a serious question about their ability to be fair and impartial.” DeVore, ¶ 28 (holding that the District Court erred in denying DeVore’s challenges for cause where two jurors stated that they thought DeVore was “guilty of something,” and could not afford DeVore his presumption of innocence).

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Bluebook (online)
2003 MT 300, 79 P.3d 797, 318 Mont. 219, 2003 Mont. LEXIS 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-falls-down-mont-2003.