State v. Green

651 So. 2d 435, 1995 WL 82105
CourtLouisiana Court of Appeal
DecidedMarch 1, 1995
DocketCR94-986
StatusPublished
Cited by7 cases

This text of 651 So. 2d 435 (State v. Green) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Green, 651 So. 2d 435, 1995 WL 82105 (La. Ct. App. 1995).

Opinion

651 So.2d 435 (1995)

STATE of Louisiana, Plaintiff-Appellee,
v.
Clifton Cozer GREEN, Defendant-Appellant.

No. CR94-986.

Court of Appeal of Louisiana, Third Circuit.

March 1, 1995.

*436 Don M. Burkett, Many, for State of Louisiana.

Joseph David Toups Jr., Mansfield, for Clifton Cozer Green.

Before YELVERTON, THIBODEAUX and DECUIR, JJ.

THIBODEAUX, Judge.

The defendant, Clifton Cozer Green, was convicted of first degree murder and sentenced to life imprisonment without benefit of probation, parole, or suspension of sentence.

He appeals and alleges sixteen assignments of error, ten of which were abandoned. We affirm his conviction and sentence.

FACTS

On August 9, 1993, at approximately 10:00 p.m., seven young men (five adults, two juveniles) in an automobile drove slowly through the parking lot of the Apollo Apartments in the town of Many, Louisiana. As the car got about halfway through the parking lot, the defendant, Clifton Cozer Green, leaned out of a passenger-side window and fired six (6) shots from a .38-caliber revolver. There were several person in the lot at the time, and they scattered, running to avoid the *437 shots. After the car left the scene, bystanders discovered the victim, Chris Joseph, had been struck with a round in the back of the head. The victim died of his injury, and the defendant was subsequently tried for first degree murder.

ASSIGNMENTS OF ERROR NOS. 1 AND 2

As the defendant has consolidated his argument as to these assignments, they will be analyzed together. Generally, the defendant argues that the jury was improperly constituted, as the selection of the jury venire made no provision for race, and that the trial judge improperly excused potential jurors on the basis of race. The defendant is of African-American descent. Originally, 25 of 150 veniremen were black; after excuses for hardship were allowed by the trial court, there were four (4) black persons remaining for voir dire.

The defendant's argument as to the composition of the original jury venire is unclear; he seems to argue that the selection process, which he admits was random, should have a method of indicating race. In effect, this is an argument that the selection process was too random. The legal requirements for the selection of a petit jury venire in Louisiana are clear. As the defendant acknowledges, petit jury venire selection is governed by La.Code Crim.P. art. 416, which provides for random selection by allowing a jury commission to draw by lot name slips or by lot through a computer.

As State v. Davis, 626 So.2d 800, 803-804 (La.App. 2d Cir.1993), writ denied, 632 So.2d 762 (1994) indicated, mere underrepresentation is insufficient. One has to additionally show that voter rolls suppressed Black representation. As in Davis, the defendant in this case failed to show the impropriety in the composition of the jury venire by demonstrating systematic racial exclusion.

Having argued that the venire selection did not pay enough attention to race, the defendant argues the process by which the trial judge excused jurors was tainted by race-based exclusions.

A defendant will not be heard to complain unless he can show that the exclusion of Black persons from the venire was not a nondiscriminatory, random process. State v. Bourque, 622 So.2d 198 (La.1993); State v. Monk, 315 So.2d 727 (La.1975). The defendant must show both underrepresentation on the venire, and some systematic act tending toward race-based exclusion of potential jurors. The defendant complains that because hardship excuses are a matter for the trial court to decide in camera, there is no record of the excuses. Thus, the defendant has no way of showing whether the excuses for hardship were systematic.

Hardship exclusions are governed by La. Code Crim.P. art. 783(B):

B. If jury service, whether criminal or civil, would result in undue hardship or extreme inconvenience, the district court may excuse a person from such service either prior to or after his selection for the general venire, jury pool, or jury wheel. The court may take such action on its own initiative or on recommendation of an official or employee designated by the court.

The trial judge gave a detailed explanation of the process she uses in excusing jurors. She explained that persons who are medically unable to serve, or who cannot read, write or speak the English language, or do not possess the qualifications of a juror are released. Those are not considered excuses. She only excuses a potential juror for hardship reasons. Furthermore, the questionnaire which is sent to a potential juror has no racial designation.

The trial court ruling is correct. A trial judge is vested with broad discretion in excusing prospective jurors for undue hardship. That discretion will not be disturbed absent fraud or collusion resulting in prejudice to an accused. State v. Brown, 414 So.2d 726 (La.1982). The record is devoid of any such allegations.

ASSIGNMENT OF ERROR NO. 3

By this assignment, the defendant alleges that the trial court erred in denying four (4) of the defendant's challenges for cause. The defendant contends his challenge as to Rose Field was not recorded. However, *438 the record reflects Ms. Field was excused due to a peremptory challenge by the state, not by the defendant. Thus, the defendant has shown no prejudice due to the trial court's possible error in failing to grant a challenge for cause.

The defendant complains that juror David Rigsby, a divorced father, had problems arranging child care during the trial. Barbara Bailey's first cousin had been murdered approximately one (1) month prior to this trial, and Lurline Bonds had difficulty reading small print.

These issues were discussed during the jury selection process, where the trial judge found that each of these three jurors was capable of deliberating in a fair and impartial manner.

The trial court's denial of the defendant's challenges for cause against potential jurors Bailey, Bonds, and Rigsby is governed by a well-established set of principles. La.Code Crim.P. art. 797 permits the removal of a juror for cause on the basis of the juror's impartiality. And as this circuit has stated:

A defendant may only complain about a trial court's denial of his challenge for cause if he has exhausted all his peremptory challenges. State v. Smith, 430 So.2d 31 (La.1983); State v. Heard, 408 So.2d 1247 (La.1982). In this case, defendant exhausted all of his peremptory challenges and can therefore raise the issue of an erroneous denial of his challenge for cause. The trial judge has wide discretion in ruling on a challenge for cause, and his ruling will not be disturbed on appeal absent a showing of abuse of discretion. State v. Gintz, 438 So.2d 1230 (La.App. 3d Cir. 1983).
A charge of bias may be removed if a witness is rehabilitated. State v. Williams, 447 So.2d 495 (La.App. 3d Cir.), writ denied, 450 So.2d 969 (La.1984). A prospective juror can be rehabilitated if the court is satisfied that the juror can render an impartial verdict according to the evidence and instructions given by the court. State v. Broadway, 440 So.2d 828 (La.App. 2d Cir.1983).
The mere statement by a juror that he could be fair and impartial is not binding on the trial court. State v. Shelton, 377 So.2d 96 (La.1979).

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Cite This Page — Counsel Stack

Bluebook (online)
651 So. 2d 435, 1995 WL 82105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-green-lactapp-1995.