State v. Longworth

438 S.E.2d 219, 313 S.C. 360, 1993 S.C. LEXIS 201
CourtSupreme Court of South Carolina
DecidedOctober 25, 1993
Docket23943
StatusPublished
Cited by31 cases

This text of 438 S.E.2d 219 (State v. Longworth) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Longworth, 438 S.E.2d 219, 313 S.C. 360, 1993 S.C. LEXIS 201 (S.C. 1993).

Opinions

Moore, Justice:

Appellant was convicted of kidnapping, armed robbery, and two counts of murder in connection with the deaths of Alex Hopps and James Todd Greene, employees of the West-gate Mall Cinema in Spartanburg. Appellant was sentenced to death for the murders and kidnapping plus twenty-five years for armed robbery.1 We affirm.

JURY ISSUES

Appellant moved for a change of venue based on pretrial publicity. The State agreed appellant should not be tried by a Spartanburg County jury and consented to selection of a jury in another county pursuant to S.C. Code Ann. § 17-21-85 (Supp. 1992). This statute provides in part:

A circuit judge may, in a criminal case in which he determines that an unbiased jury cannot be selected in the county in which the defendant was indicted, order that jury selection go forward in some other county and the jury, when selected, be transported to the county in which the indictment was returned for the duration of the trial.

The trial judge ruled that jury selection would be held in York County and the jury transported to Spartan-burg for trial. Appellant objected to this procedure “based upon the inherent psychological pressure which jurors would face if they are essentially taken from their homes and brought to this county where everyone around them knows something about the case ... and they are the only ones who don’t.”

A motion for change of venue is addressed to the sound discretion of the trial judge and his ruling will not be disturbed absent an abuse thereof. State v. Caldwell, 300 S.C. 494, 388 S.E. (2d) 816 (1990); State v. [364]*364Copeland, 278 S.C. 572, 300 S.E. (2d) 63 (1982). Transfer of a jury pursuant to § 17-21-85 is similar in effect to a change of venue and is subject to the same scope of review. Further, it is the defendant’s burden to demonstrate actual juror prejudice as a result of pretrial publicity. State v. Caldwell, supra.

Here, we find no abuse of discretion in the trial judge’s decision to transfer a jury to Spartanburg pursuant to § 17-21-85. Appellant has failed to show the jury was tainted by any actual juror prejudice from pretrial publicity.

Appellant further contends the trial judge failed to consider the statutory factors necessary to transfer a jury pursuant to § 17-21-85. The statute requires the trial judge consider:

all the logistical and expense elements and, consistent with the demands of justice, choose the method that results in the east expense and greatest convenience for all parties involved in the case.

In this case, fifty-eight witnesses from the Spartanburg area were noticed to testify at trial. We hold the record supports the trial judge’s finding that transferring a jury was the least expensive and most convenient alternative to afford appellant a fair and impartial jury.

Appellant complains the trial judge improperly limited his voir dire of venireman Billy Poore, a retired highway patrolman. Appellant attempted to ask him whether he would “tend to give more credibility to the testimony of a police officer than you would to the defendant or a civilian witness?” Appellant also claims he would have asked the same question of venireman Keith Pruett who was the son of a retired highway patrolman.

Neither Mr. Poore nor Mr. Pruett was seated on the jury since appellant exercised two of his peremptory strikes to remove them.2 In reviewing a challenge to juror qualification, we focus on those jurors who are seated to determine whether a defendant received a fair trial. State v. Green, 301 S.C. 347, 392 S.E. (2d) 157 (1990). Here, appellant has failed to demonstrated any prejudice since the two venire[365]*365men he would have questioned were not seated. Moreover, there is no error in disallowing questions regarding the weight a juror would give one witness over another. State v. Davis, — S.C. —, 422 S.E. (2d) 133 (1992).

Appellant contends potential juror Linda Hall was erroneously disqualified because of her reluctance to vote for a death sentence.

In a capital case, a juror may not be excluded for his or her attitude against capital punishment unless it would render that juror unable to return a verdict according to law. S.C. Code Ann. § 16-3-20(E) (Supp. 1992). The standard is whether the juror’s views would prevent or substantially impair the performance of his or her duties as a juror. State v. Green, supra. The determination whether a juror is qualified or disqualified to serve in a capital case is within the discretion of the trial judge and will not be reversed on appeal unless wholly unsupported by the evidence. Id.; State v. Plemmons, 286 S.C. 78, 332 S.E. (2d) 765 (1985). Further, in reviewing the trial judge’s qualification or disqualification of prospective jurors, the responses of a challenged juror must be examined in light of the entire voir dire. State v. Green, supra; State v. Spann, 279 S.C. 399, 308 S.E. (2d) 518 (1983).

Here, Ms. Hall stated because she had a son appellant’s age (twenty-two), she would find it “very difficult” to impose the death penalty on a young person. She stated she could not vote for death in this case and responded to defense counsel’s further questioning as follows:

A. No, I’m telling you that I would have a difficult time imposing the death penalty on young men, young woman in that age range.
Q. Uh-huh. (Affirmative) Could, could you—
A. Okay.
Q. —do it if you were convinced that as the judge gave you the law and as you heard the evidence, it was the appropriate thing to do, and you agreed with the other jurors on the case?
A. You’ve asked me that question about four times now—
Q. Yes, ma’am.
A. —in a different way. And the answer is still no.
[366]*366Q. Okay. You can’t do it? Is that what you’re telling me?
A. No.

We find the record supports the disqualification of Ms. Hall on the ground her views would substantially impair her performance as a juror since, contrary to her views, age is not a bar to capital punishment in this case. Because Ms. Hall could not consider imposition of a penalty allowed by law, she was properly excused.

Appellant contends veniremen Steve Penland and Kay Johnson were improperly disqualified because of their reluctance to impose a death sentence on a non-trigger-man.

Ms. Johnson stated she could not vote for death no matter what the degree of the defendant’s involvement. Mr. Penland stated during the course of questioning that he “probably could” consider it but then finally responded:

THE COURT: If the facts were bad enough, could you give a non-triggerman the penalty of death?
MR. PENLAND: I don’t, I don’t know. It’s hard to say. I mean it would have to be a, a lot of, a lot of evidence I guess to make me believe it.
THE COURT: Well, of course, it would. But if it were a lot of evidence, could you give a non-trigger man a sentence of death?
MR.

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Cite This Page — Counsel Stack

Bluebook (online)
438 S.E.2d 219, 313 S.C. 360, 1993 S.C. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-longworth-sc-1993.