State v. Fire

100 Wash. App. 722
CourtCourt of Appeals of Washington
DecidedMay 1, 2000
DocketNo. 44063-2-I
StatusPublished
Cited by18 cases

This text of 100 Wash. App. 722 (State v. Fire) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Fire, 100 Wash. App. 722 (Wash. Ct. App. 2000).

Opinions

Kennedy, J.

— Mink Fire appeals his convictions of three counts of first degree child molestation, contending that the trial court erred by refusing to dismiss for cause a potential juror who admitted actual bias, but then responded to the prosecutor’s leading questions about being fair and following instructions with one-word affirmative answers. Although appellate courts defer to a trial judge’s determinations of a potential juror’s credibility, character, mental habits, and demeanor, there is no indication in the record that the trial judge made any such determinations in this case. The trial judge failed to recognize that the prospective juror’s initial responses indicated actual bias, focusing instead on his one-word affirmations that he would follow the court’s instructions. Fire utilized one of his pe[724]*724remptory challenges to excuse the potential juror and exhausted his remaining peremptories. We conclude that the trial court abused its discretion in failing to excuse the potential juror for cause, and reverse and remand for a new trial.

FACTS

The State charged Mink Fire with three counts of first degree child molestation, alleging that he had sexual contact with two girls who were less than twelve years old. During jury selection, the trial judge asked potential jurors if there was any reason they might have for not sitting on the jury. The juror here at issue raised his hand and responded as follows:

The subject matter in this case. You know, if it was, you know, somebody stealing a car or even someone getting murdered, that’s, you know, fine with me. But a case in this nature, you know. I consider him a baby raper, and it should just be severely punished.
I’m very opinionated when it comes to this kind of a crime. I hold innocent — or children from conception [are] very dear, and they should be protected.

Report of Proceedings at 75 (Nov. 3, 1998). The prosecutor then asked this juror if his “strong feelings about these types of offenses is such that that would even affect [his] role in making a determination of guilt or innocence [.]” Id. at 76. The juror responded, “That possibility is there.” Id. The juror also said that he would “probably give children a higher credibility factor than an adult.” Id. at 78. When asked if this was because of the type of case, the juror responded that he simply believed that “children are more innocent, and an adult would be more likely to tell a falsehood.” Id. at 79. Next, the prosecutor asked the juror a series of questions about his ability to follow the law:

PROSECUTOR: Do you still accept the fact that the State has to prove the charges beyond any reasonable doubt?
[725]*725JUROR: Yes, sir.
PROSECUTOR: And you — if you were given instructions on what that means and the other instructions, you would follow the instructions as given to you by the Court?
JUROR: Yes.
PROSECUTOR: But you do have some strong feelings about the case, but you’d still follow the law?
JUROR: Yes.

Id. at 77-78.

Fire challenged this juror for cause, but the trial court refused to excuse him:

[The juror] did not specifically indicate that he thought [Fire] was a baby raper, that anyone that was guilty of that would be, but not necessarily that that was the case. He did indicate that he would still follow the law.
And I think that despite what he may have said, he has indicated that he would be able to follow the law and he would be able to follow the instructions that the Court gives in determining guilt or innocence. So I will not excuse him for cause at this time.

Id. at 81. Fire then used one of his peremptory challenges to excuse the juror, and exhausted the remainder of his peremptory challenges.

The jury found Fire guilty and he appeals.

DISCUSSION

Potential Juror

Fire contends that the trial court abused its discretion by refusing to excuse the aforementioned potential juror for cause.

The Sixth Amendment to the U.S. Constitution and article I, section 22 of the Washington constitution guarantee every criminal defendant “the right to a fair and [726]*726impartial jury.” State v. Brett, 126 Wn.2d 136, 157, 892 P.2d 29 (1995). To ensure this right, a juror will be excused for cause if his or her views would “ ‘prevent or substantially impair the performance of his [or her] duties as a juror in accordance with his [or her] instructions and his [or her] oath.’ ” State v. Hughes, 106 Wn.2d 176, 181, 721 P.2d 902 (1986) (quoting Wainwright v. Witt, 469 U.S. 412, 424, 105 S. Ct. 844, 83 L. Ed. 2d 841 (1985)).

“The denial of a challenge to a juror for cause is within the trial court’s discretion.” State v. Witherspoon, 82 Wn. App. 634, 637, 919 P.2d 99 (1996). We therefore review such a denial for a manifest abuse of discretion. State v. Noltie, 116 Wn.2d 831, 838, 809 P.2d 190 (1991). “Judicial discretion is a composite of many things, among which are conclusions drawn from objective criteria; it means a sound judgment exercised with regard to what is right under the circumstances and without doing so arbitrarily or capriciously.” Doe v. Puget Sound Blood Ctr., 117 Wn.2d 772, 778, 819 P.2d 370 (1991) (quoting State ex rel. Carroll v. Junker, 79 Wn.2d 12, 26, 482 P.2d 775 (1971). Appellate courts defer to the judgment of the trial judge regarding whether a particular juror is able to be fair and impartial because the trial judge is in the best position to evaluate “the fairness of a juror by the juror’s character, mental habits, demeanor under questioning and all other data which may be disclosed by the examination.” Noltie, 116 Wn.2d at 839 (quoting 14 Lewis H. Orland & Karl B. Tegland, Washington Fractice: Trial Fractice § 203, at 332 (4th ed. 1986)).

Nonetheless, if a potential juror demonstrates actual bias, the trial court must excuse that juror for cause. Ottis v. Stevenson-Carson Sch. Dist. No. 303, 61 Wn. App. 747, 754, 812 P.2d 133 (1991); see also State v Noltie, 57 Wn. App. 21, 25, 786 P.2d 332 (1990), aff’d, 116 Wn.2d 831 (1991). Actual bias is “the existence of a state of mind on the part of the juror in reference to the action, or to either party, which satisfies the court that the challenged person cannot try the issue impartially and without prejudice to [727]

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Bluebook (online)
100 Wash. App. 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fire-washctapp-2000.