State v. Hutchinson

661 P.2d 1315, 99 N.M. 616
CourtNew Mexico Supreme Court
DecidedMarch 16, 1983
Docket13678
StatusPublished
Cited by53 cases

This text of 661 P.2d 1315 (State v. Hutchinson) is published on Counsel Stack Legal Research, covering New Mexico 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. Hutchinson, 661 P.2d 1315, 99 N.M. 616 (N.M. 1983).

Opinion

OPINION

RIORDAN, Justice.

Terry Wayne Hutchinson (Hutchinson) was convicted of first degree murder for which he received life imprisonment, of a first degree kidnapping for which he received eighteen years and of armed robbery for which he received nine years. The sentences are to be served consecutively. Hutchinson appeals. We affirm.

The issues on appeal are:

I. Whether Hutchinson was denied his right to a fair trial when the trial court questioned prospective jurors during voir dire about their views on capital punishment, prior to any determination of guilt, and excused for cause those jurors who were automatically opposed to the death sentence.

II. Whether the trial court erred by admitting testimony of a witness who had undergone hypnosis.

III. Whether the trial court erred by ruling that George Schibley could testify as a rebuttal witness for the State.

IV. Whether- there was sufficient evidence adduced at trial to identify Hutchinson as the perpetrator of the crimes charged.

V. Whether the evidence was sufficient to establish the intent necessary to sustain the conviction of kidnapping.

VI. Whether there was sufficient evidence to sustain the conviction for felony murder.

VII. Whether the trial court erred in admitting a wedding photograph of the victim for identification purposes.

VIII. Whether cumulative misconduct by the State denied Hutchinson a fair trial.

On October 15, 1979, according to the testimony of Dale High (High) and Gary Hart (Hart) at Hutchinson’s trial, High, Hart and Hutchinson, who were “out of money”, decided to go to a rest stop in High’s car, to rob someone. Around midnight, the three proceeded to a rest stop north of Las Cruces, New Mexico. Sometime later, Linda Platt (Platt) arrived at the rest stop and parked her car. Hutchinson waited for Platt to go to sleep and then directed High to pull his car around to block her path. Hutchinson then approached Platt’s car and broke the driver’s side window with a “tire buddy” which is described as a piece of wood approximately sixteen inches long, with a weight at one end. Then he opened the car door, pushed Platt to the side and got in. Hutchinson drove Platt’s car to another exit, while High and Hart followed. Hutchinson and Platt then got into High’s car. Hutchinson told Hart to go through Platt’s purse while High drove. During this time, Hutchinson was holding a butcher knife on Platt. Sometime later, Hutchinson had sexual intercourse with her. At about 4:30 a.m., Hutchinson ordered High to pull off the highway. Hutchinson and Platt got out of the car and walked away from it. Hutchinson then hit Platt several times with the tire buddy. After this, Hutchinson stabbed Platt numerous times with a butcher knife. Hutchinson then called for help to which High responded. High and Hutchinson carried Platt up a hill and threw her in a ditch. High testified that after returning to the car, Hutchinson stated, “I think she’s dead, but if she does live, she won’t be able to talk, anyway, because I cut her throat.” Platt’s body was found in a decomposed condition on March 26, 1980, by a person walking his dog.

I. Juror Selection

Hutchinson asserts that he was denied his right to a fair trial when the trial court questioned prospective jurors during voir dire about their views on capital punishment prior to any determination of guilt. Those jurors who were opposed to the imposition of capital punishment were excused for cause.

Hutchinson was charged with capital murder 1 . Therefore, the jury was questioned about its views on capital punishment. Sixty-nine prospective jurors were called and broken down into small groups for voir dire. At this time, the trial court questioned the prospective jurors by asking the three questions recommended in U.J.I. Crim. 1.10, N.M.S.A.1978 (Repl.Pamp.1982).

The trial court read the following questions to each juror. If the juror answered in the negative to question one, then questions two and three were not asked of that juror.

1. In this case, the penalty of death may be imposed if the defendant is found guilty of the crime with which he is charged. I am going to ask you specific questions concerning your view of the death penalty. I ask that each of you answer the questions either “yes” or “no.” If you do not understand the questions, do not hesitate to tell me and I will repeat the question which you do not understand.
Do you oppose, for any reason, the imposition of the death penalty?
2. Because of your opposition to the death penalty, would you, regardless of the facts and circumstances which may be presented by the evidence during the trial, automatically refuse to vote for a verdict of guilty?
3. If you find the defendant guilty, would you, regardless of the facts and circumstances which may be presented by the evidence during the trial and the sentencing proceeding automatically refuse to vote for the sentence of death?

Under Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968), a prospective juror who simply voices general objections to the death penalty or expresses conscientious or religious scruples against its infliction cannot be excused for cause. The United States Supreme Court reasoned that although a prospective juror may oppose the death penalty, it does not necessarily mean that the juror cannot make the discretionary judgment entrusted to the juror by the State, and obey the oath the juror takes. Id.; State v. Pace, 80 N.M. 364, 456 P.2d 197 (1969). Witherspoon did not decide the question of when a juror may be excluded. However, in Adams v. Texas, 448 U.S. 38, 46, 100 S.Ct. 2521, 2527, 65 L.Ed.2d 581 (1980), the Court explicitly stated that a “State does not violate the Witherspoon doctrine when it excludes prospective jurors who are unable or unwilling to address the penalty questions with [a] degree of impartiality.” In other words, a State may bar from jury service those whose beliefs about capital punishment would lead them to ignore the law or violate their oaths. Adams v. Texas, supra.

In the present case, only those prospective jurors who answered “yes” to questions one and three were excluded for cause. We agree with the trial court’s determination that by answering “yes” to these questions, the prospective jurors were in effect saying that they could neither follow the laws of New Mexico nor their oaths as jurors; therefore, those jurors were properly excluded.

Hutchinson also asserts that the trial court committed reversible error by qualifying the jurors for a possible death penalty at the beginning of trial rather than waiting until after a determination of guilt.

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Bluebook (online)
661 P.2d 1315, 99 N.M. 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hutchinson-nm-1983.