State v. Ross

674 So. 2d 489, 1996 WL 255947
CourtLouisiana Court of Appeal
DecidedMay 10, 1996
Docket95 KA 1240
StatusPublished
Cited by6 cases

This text of 674 So. 2d 489 (State v. Ross) 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. Ross, 674 So. 2d 489, 1996 WL 255947 (La. Ct. App. 1996).

Opinion

674 So.2d 489 (1996)

STATE of Louisiana
v.
Herman ROSS.

No. 95 KA 1240.

Court of Appeal of Louisiana, First Circuit.

May 10, 1996.

*491 Mark D. Rhodes, Houma, for Plaintiff-Appellee, State of Louisiana.

Jerri G. Smitko, Houma, for Defendant-Appellant, Herman Ross.

Before CARTER, PITCHER and CRAIN,[1] JJ.

HILLIARY J. CRAIN, Judge Pro Tem.

Herman Ross was charged by amended bill of information with simple burglary, a violation of La.R.S. 14:62.[2] He pled not guilty and, after trial by jury, was convicted on the charged offense. The trial court sentenced him to serve a term of eight years imprisonment at hard labor with credit for time served. Defendant has appealed, urging seven assignments of error.

Facts

Defendant was charged with burglarizing the home of Aaron Celestine and stealing two video cassette recorders (VCRs). On January 19, 1993, defendant allegedly broke a window to gain entry into the home of Mr. Celestine, where he proceeded to steal the VCRs. Ultimately, Mr. Celestine encountered an individual trying to sell one of the VCRs. The police were notified. The individual stated that he had received the VCR from defendant. Defendant was arrested and gave a statement to the police, and the second VCR was recovered as a result.

Assignments of Error Numbers 1 and 2

In these assignments of error, defendant contends that the trial court erred by failing to grant challenges for cause to two prospective jurors, viz., Ms. Sylvia Kimble and Mr. Perry LeBlanc.

A trial court is vested with great discretion in ruling on a challenge for cause, and its ruling will not be disturbed unless a review of the voir dire as a whole indicates an abuse of that discretion. State v. Allen, 380 So.2d 28, 30 (La.1980); State v. McLean, 525 So.2d 1251, 1254 (La.App. 1 Cir.), writ denied, 532 So.2d 130 (La.1988).

La.C.Cr.P. art. 797 provides, in pertinent part, as follows:

The state or the defendant may challenge a juror for cause on the ground that:
. . . . .
(2) The juror is not impartial, whatever the cause of his partiality. An opinion or impression as to the guilt or innocence of the defendant shall not of itself be sufficient ground of challenge to a juror, if he declares, and the court is satisfied, that he can render an impartial verdict according to the law and the evidence;
. . . . .
(4) The juror will not accept the law as given to him by the court ...

In State v. Lewis, 391 So.2d 1156, 1158 (La.1980), the Louisiana Supreme Court stated that:

[S]ervice on a criminal jury by one associated with law enforcement duties must be closely scrutinized and may justify a challenge for cause, although such association does not automatically disqualify a prospective juror.

*492 It is well-settled that relationship to a law enforcement officer is not, of itself, grounds for a challenge for cause. Rather, the question presented is whether or not the prospective juror could assess the credibility of each witness independent of his or her relationship with members of law enforcement. State v. Collins, 546 So.2d 1246, 1253 (La.App. 1 Cir.1989), writ denied, 558 So.2d 599 (La.1990).

A trial court has broad discretion in ruling on challenges for cause. State v. Welcome, 458 So.2d 1235, 1241 (La.1983), cert. denied, 470 U.S. 1088, 105 S.Ct. 1856, 85 L.Ed.2d 152 (1985). A refusal by a trial court to excuse a prospective juror on the ground that he is not impartial is not an abuse of discretion where, after further inquiry or instruction, he has demonstrated a willingness and ability to decide the case impartially according to the law and the evidence. State v. Copeland, 530 So.2d 526, 534 (La.1988), cert. denied, 489 U.S. 1091, 109 S.Ct. 1558, 103 L.Ed.2d 860 (1989).

We now review the voir dire responses given by Ms. Kimble and Mr. LeBlanc and the trial court's rulings, denying the defense challenges for cause of those individuals.

Sylvia Kimble

During questioning by the trial court, Ms. Kimble stated that her husband was a cadet at the Louisiana State Police Academy and that he previously had worked for the Terrebonne Parish Sheriff's Department. Elaborating, Ms. Kimble stated that she knew several deputies with the Sheriff's Department; however, she did not recognize any of the names of the witnesses in this case. When the court inquired whether she could listen to all of the evidence and decide the case based on that evidence without prejudging the case, she responded that she could. Further, she admitted that it was possible for a Sheriff's Deputy, excluding her husband, to lie. No follow-up questions were asked by either the state or the defense.

In denying the defense challenge for cause of Ms. Kimble, the trial court rejected the defense contentions that Ms. Kimble should be excused based on her relationship with her husband. After carefully reviewing the voir dire testimony of Ms. Kimble, we find no abuse of discretion of the trial court with regard to the denial of the challenge for cause of this prospective juror.

Perry LeBlanc

During questioning by the defense, counsel for defendant posed a hypothetical situation wherein the state only called one witness, a police officer, introduced a VCR and rested. Counsel inquired of the panel, "What happens? What does your verdict have to be?" Mr. LeBlanc replied, "Guilty." On this basis, the defense challenged Mr. LeBlanc for cause. Later, during questioning by the defense, Mr. LeBlanc stated that he would not hold it against the defendant if he did not testify. No further questions were asked of Mr. LeBlanc.

In denying the defense challenge for cause of Mr. LeBlanc, the trial court noted that Mr. LeBlanc had rehabilitated himself after his comment. The court felt that Mr. LeBlanc obviously was kidding around in response to jokes made by the attorneys. After carefully reviewing the voir dire testimony of Mr. LeBlanc, we find no abuse of discretion of the trial court with regard to the denial of the challenge for cause of this prospective juror. Thus, these assignments of error lack merit.

Assignments of Error Numbers 3 and 4

In these assignments of error, defendant cites as error the trial court's failure to require the prosecutor to state a racially neutral reason for exercising a peremptory challenge on prospective juror Charles Wilson, Sr. Further, defendant contends the trial court erred in failing to find a pattern of discrimination in the exercise of the state's peremptory challenges in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).

At the time of defendant's Batson challenge, the state had accepted four other prospective jurors without challenge. Mr. Wilson, the first juror peremptorily challenged by the state, was apparently black, and at least one of the accepted jurors also *493 was black.[3] Mr. Wilson previously had been challenged for cause by the state for being "less than honest" with the court, when he did not reveal that his son had been arrested and convicted of a crime when questioned by the court. Ultimately, the trial court denied the challenge, because the state did not pursue this line of questioning.

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Cite This Page — Counsel Stack

Bluebook (online)
674 So. 2d 489, 1996 WL 255947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ross-lactapp-1996.