State v. Reed

545 S.E.2d 249, 143 N.C. App. 155, 2001 N.C. App. LEXIS 233
CourtCourt of Appeals of North Carolina
DecidedApril 17, 2001
DocketNo. COA99-1574
StatusPublished
Cited by1 cases

This text of 545 S.E.2d 249 (State v. Reed) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Reed, 545 S.E.2d 249, 143 N.C. App. 155, 2001 N.C. App. LEXIS 233 (N.C. Ct. App. 2001).

Opinion

HUDSON, Judge.

Defendant was tried and convicted on two counts of first degree murder and sentenced to two consecutive terms of life imprisonment. Defendant timely appealed. On appeal, defendant raises five assignments of error. We order a new trial.

Defendant’s first assignment of error pertains to the jury selection process. The record shows that a prospective juror, Mr. Michael, expressed concern regarding the potential length of the trial and the effect it would have on his financial obligations:

Q. First some of the same questions to you. I hate to keep asking the same questions over but there is no other way of doing it. Are there any particular concerns about any of the questions or statements that have been made here?
A. Only on the time period that would be a possible problem for me.
Q. Four to five weeks long trial.
[157]*157A. Yes.
Q. What concerns you about that?
A. Well, financial obligations for my house payment and stuff and bills. I would not be able to pay them if I am here for that period of time. That would be really on my mind a lot at the time.
Q. Do you think that would be in your thoughts to the point that it would be hard for you to pay attention to the testimony at times in the case?
A. Yes, to a certain degree, for the sooner I get done the sooner able to get back to work and pay my bills and meet my obligations.
Q. Do you think then that might be a factor in your listening to the evidence and deciding the case and deciding the circumstances?
A. It may because, like I said, sooner we get finished, the sooner I would be back to my regular schedule and my financial matter.
Q. You are saying it might become hard for you to pay attention and listen to the evidence for you might become impatient and that might interfere with your ability to be a fair jury?
A. I might not take my time in the whole proceeding. I think it would interfere with that, yes.
Q. Do you think that it might make cause you to come to some quick decision knowing the sooner you do that, the sooner you can leave and go back to work?
A. Actually, you know, sooner done the sooner I get out. It may pose a problem for me.
Q. Do you think that it would impair your ability to listen to the evidence in the case fairly?
A. Yes, I do.
Q. You do?
A. Yes.

Immediately following this exchange, defendant moved to excuse Juror Michael for cause, which motion was denied by the trial court. Counsel for defendant then continued to question Michael regarding [158]*158his financial situation. Michael explained that he has a daughter who is eight years old, and that both he and his wife work. He further explained that his wife does not make enough money to pay the bills, and that a month without his earning income would be a hardship on his family.

Counsel for defendant then questioned Juror Michael regarding a number of issues unrelated to his financial concerns. For example, when asked whether he could render an impartial decision even if defendant did not testify, Michael stated: “I could listen to [the evidence] with an open mind and hear it even though he did not testify or produce any evidence at all and it would not cause me to be more towards the state than to him.” When asked whether he would be able to render a verdict in accordance with his personal opinion, even if that opinion differed from the opinion of individuals in his community, Michael stated: “I live with myself and not with the community.”

Counsel for defendant then returned to the issue of Michael’s financial concerns:

Q. Let me talk about your concern about your financial concern and situation. If you set here for the amount of time and we get to the end of the trial and you were called upon to make the decision, and you have said you don’t care what the opinion is of the other jurors, if you were the only one that were of the opinion you held and the case could not be over unless you changed your mind, would you then change due to the pressure of the financial situation you may have?
A. That puts me in a bad spot, you know what I’m saying? That would really have weight on my mind and I really could not tell you what I would do until I was put in that situation. That is what is hard for me.
Q. Well, what you are telling me, do you think that it might or would have some effect?
A. Yes sir . . . madam.
Q. And on your ability to serve?
A. Most definitely, yes.
Q. On your ability to render a decision in accordance with your own beliefs?
[159]*159A. Right, because like I said, I will not be out there doing my job and I will be on the street and walking because I just cannot pay my bills.
Q. Exactly.
A. I would . . . that would make a difference to me really, you know.
Q. We are looking for jurors in this case that can make the decision, the biggest decision any juror can ever be called upon to make.
A. That lot to think about.
Q. And that is one of your concerns, having that weigh on your mind and when you are trying to make that decision?
A. Yes.
Q. You feel that would affect you?
A. I would not want my problems to override my decision.
Q. And you think that it could do that if you were forced to be here that long?
A. It may. It would probably do so.

Defendant then renewed his motion to excuse Michael for cause, which motion was again denied by the trial court.

Defendant argues that the trial court erred in denying his motion to excuse Juror Michael for cause. This assignment of error requires us to answer three questions: (1) whether defendant preserved his right to bring forward this issue on appeal; (2) if preserved, whether the trial court erred in denying defendant’s motion to excuse Juror Michael for cause; and (3) whether any such error was prejudicial to defendant.

Defendant preserved his right to bring forward this assignment of error pursuant to N.C.G.S. § 15A-1214(h) (1999). After his motion to excuse Juror Michael for cause was denied, he employed a peremptory challenge to remove Michael from the jury. He then exhausted his peremptory challenges, and renewed his motion to excuse Michael for cause, which motion was denied. These steps satisfy the requirements of the statute.

[160]

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Related

State v. Reed
558 S.E.2d 167 (Supreme Court of North Carolina, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
545 S.E.2d 249, 143 N.C. App. 155, 2001 N.C. App. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reed-ncctapp-2001.