State v. Prince

713 S.W.2d 914, 1986 Tenn. Crim. App. LEXIS 2578
CourtCourt of Criminal Appeals of Tennessee
DecidedJanuary 28, 1986
StatusPublished
Cited by14 cases

This text of 713 S.W.2d 914 (State v. Prince) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Prince, 713 S.W.2d 914, 1986 Tenn. Crim. App. LEXIS 2578 (Tenn. Ct. App. 1986).

Opinion

OPINION

SCOTT, Judge.

The appellant was convicted of selling a Schedule II controlled substance (hydro-morphone) and received a sentence of ten years in the state penitentiary as a Range II, especially aggravated offender. He was also ordered to pay a $15,000.00 fine. On appeal the appellant has presented four issues.

In the first issue the appellant questions whether the trial judge abused his discretion in denying his request to voir dire each prospective juror individually concerning the alleged effects of pre-trial publicity.

[915]*915During the course of the court’s voir dire of the entire venire, the trial judge inquired as to whether anyone knew anything about the facts of the case. All veniremen responded negatively. He then inquired whether anyone had talked to any of the prospective jurors about the case. Again he received a negative response. Then the following occurred.

THE COURT: Let me ask you a question: Let me see a show of hands by those who knew prior to today — prior to today — that this particular case would be the one that would be tried today? Would you raise your hand if you knew it?
(Prospective jurors raise hands.)
THE COURT: All right. We’ve got several people here.
Now, from what source — don’t tell me what you’ve heard, but what was the source? Was it in the paper?
PROSPECTIVE JUROR: Last night’s paper.
THE COURT: Last night’s paper?
PROSPECTIVE JUROR: Also, it was in the paper last week.
THE COURT: In what?
PROSPECTIVE JUROR: In the paper last week — the Times Gazette.
THE COURT: In the paper. All right. Now, that brings on another question that I should ask about.
With all due respect to our newspaper people, it seems like to me — They don’t know anything about legal proceedings apparently, because they can’t ever get the reporting of what happens in a courtroom correctly stated. And, I don’t understand why; but it’s very difficult for them. I don’t think they understand legal principles, legal procedures, and that sort of thing.
And, so many times I can go to Court one day and be there all day long, and read the account of the paper the next day and I’ll wonder, “Now, I wonder where that fellow was, because he certainly wasn’t in the courtroom where I was.” Because, there is nothing that he has reported that’s even close to what actually transpired.
And the law merely provides or says, you cannot try — it’s too important a matter; that is, our personal freedom, it’s too important a matter to be tried on opinions, what somebody might think, what might be in the newspaper or what others might think about the case. Those have nothing to do with the guilt or innocence. Our system is a system of law. And, anyone who is convicted must be convicted under the rules of the law. And the law clearly provides that newspaper accounts or whatever is in the newspaper cannot and must not be considered in the trial of a case.
Now, the sixty-four dollar question I guess is — those of you who have read something about it — do you feel that whatever — I didn’t see the paper — but whatever might have been there, do you feel that that will have a bearing upon your verdict in this case?
In other words, you must be able as a juror, if you have read something about it in the paper, you, as a juror, must be able to put that aside and listen to the proof as it comes from the witness stand; and from that proof, and that proof alone, render your verdict, and not let what you might have heard or what you might have read interfere with that decision.
Let me ask this question: Those of you who read something about it in the paper, did you form or express any opinion as to the guilt or innocence of the defendant upon the charge or charges? Please raise your hand if you formed an opinion about it.
(No prospective juror raises hand.)
THE COURT: No one has formed an opinion. Well, did any of you maybe express an opinion — say to your wife or someone around when you were reading the paper? State an opinion one way or the other? If so, just raise your hand?
(No prospective juror raises hand.)
[916]*916THE COURT: Very well. Then those of you who read something about it in the paper, will you promise — not only the Court — but the individuals involved, the parties — the people involved — the State on the one side, the defense on the other — that you will not let that have anything to do with your verdict; but that you will give both sides a fair and an impartial trial; and you will try the case solely and alone on what is presented during the hearing; that is, in the courtroom? Can all of you do that, or can you think of some reason why you could not do that?
(No response from any prospective juror.)

The defense counsel then moved for individual voir dire which was denied. Subsequently, the first twelve prospective jurors were seated and defense counsel asked the following questions and received the following answers:

Q. Let me ask you this, ladies and gentlemen, and I want to phrase this very carefully. In the Judge’s pre-examination of you as prospective jurors, it came out through several of you that you had read a newspaper account, I believe yesterday, which advised you— and correctly so — that this matter was set for trial today. Have any of you been aware of any — Do any of you remember any publicity through the newspaper, the radio or accounts from friends in regard to this charge and this man, say in the last ninety days?
A. (No response from any prospective juror.)
Q. Do any of you remember any newspaper publicity, gossip where you work, radio announcements in regard to him, and anything that might be even connected with this charge?
A. (No response from any prospective juror.)
Q. None of you have any memory that ties you to him other than what happened in yesterday’s paper, which His Honor has already covered?
A. (No response from any prospective juror.)

MR. GORDON: Your Honor, we—

THE COURT: Excuse me. Let me ask a question.
MR. GORDON: All right.
THE COURT: Who do we have on the jury that read the paper yesterday? Anybody?
(Prospective jurors raise hands.)
THE COURT: Well, we’ve got one, two, three, four, five — five.
MR. GORDON: Five.
THE COURT: I didn’t know whether any of them were called or not. Everybody didn’t raise their hands; but apparently five read the paper.
MR. GORDON: Yes, I knew we had one or two, but my memory is not good enough to line all five of them up. I just knew we had some.

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Cite This Page — Counsel Stack

Bluebook (online)
713 S.W.2d 914, 1986 Tenn. Crim. App. LEXIS 2578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-prince-tenncrimapp-1986.