State v. Shope

454 S.E.2d 716, 118 N.C. App. 270, 1995 N.C. App. LEXIS 180
CourtCourt of Appeals of North Carolina
DecidedMarch 21, 1995
DocketNo. 9430SC64
StatusPublished

This text of 454 S.E.2d 716 (State v. Shope) 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. Shope, 454 S.E.2d 716, 118 N.C. App. 270, 1995 N.C. App. LEXIS 180 (N.C. Ct. App. 1995).

Opinion

ARNOLD, Chief Judge.

Defendant brings forth several arguments on appeal. In his first argument, defendant contends the trial court erred during jury selec[271]*271tion in denying a challenge for cause, and that this denial violated his rights to a fair trial and due process of law. We agree.

During jury selection, defendant moved to excuse juror Waldroup for cause. Waldroup was an employee of the Graham Star, the local newspaper, and well aware of the case before becoming a member of the jury pool. During voir dire, the following exchange occurred between the district attorney and Waldroup:

Q. Anything that you remember about those that would cause you to have already formed an opinion about the guilt or innocence of Mr. Shope?
A. Well, as of right now the burden of proof would have to be on the defense as far as I’m, concerned.
Q. So are you saying that you would not hold the state in that case to a burden of beyond a reasonable doubt as far as proof is concerned?
A. No.

A short time later, further questioning by defense counsel revealed the following:

Q. Ms. Waldroup, a minute ago you answered one of the district attorney’s questions and you said that you believed that, and I may have taken this wrong, or you may have made a misstatement, but the way I understood it you said that you would require the defendant to prove his innocence?
A. Right.
Q. You would?
A. That’s what I meant, yes.
Q. And that’s what you meant?
A. Yes.
Q. So for that reason, Ms. Waldroup, would you be unable to render a verdict in accordance with the law given the fact that our law is that it’s up to the state to prove the defendant’s guilt beyond a reasonable doubt?
A. I can hear the evidence and I would be fair. I mean I would listen to both sides, but I’m just human, what I have heard thus far, I have come to the conclusion that I think he’s guilty.

[272]*272Following this exchange, defense counsel moved to excuse Waldroup for cause. Prior to ruling, the. trial court asked a series of presumably rehabilitative questions, the substance of which is shown below:

The Court: Ms. Waldroup, do you understand that what you’ve heard so far, whatever that may be, is not evidence?
A. Absolutely.
The Court: That’s just talk on the street or things that you’ve read or third or fourth hand information?
A. Yes.
The Court: And that whatever conclusion that a juror would come to in this case is to be based upon what comes to you from the witness stand in this case and no, other place, and so much of that as you see fit to believe, you understand that?
A. Yes.
The Court: And regardless of what the source of your prior information is, can you put that aside, not consider it in any way whatsoever, and come to whatever conclusion that you come to in this case based upon the evidence that you hear here and nowhere else?
A. Well, I can put it aside, but just like I said, I would listen carefully, I would try to be as' fair as possible; but just like I said, right now with what I have heard and what I have read and, you know, what has been discussed, you know, I would have to — he would have to be proven innocent instead of guilty.
The Court: Well, I’ll go one step further. Do you understand that he has no burden to prove anything?
A. Yes, I understand everyone is innocent until proven guilty.
The Court: Ma’am?
A. I said I know that everyone should be considered innocent until proven guilty.
The Court: Well, they are presumed innocent until proven guilty.
A. Yes, yes.
[273]*273The Court: Can you not accept that premise?
A. Yes, I can, I’m just talking about a very personal opinion which I think everyone has.
The Court: The question, the ultimate question is can you put those personal opinions aside, those dialogues and communications aside, and not consider them and base whatever decision that you make in this case, if you serve as a juror, upon the evidence that you hear in this courtroom; that is, so much of as you see fit to believe? Yea or nea?
A. Yes, I can.
The Court: Thank you, ma’am. Denied.

Before using a peremptory challenge to dismiss Waldroup, defendant questioned her further about her opinions. This exchange is set out below:

Q: Ms. Waldroup, given what you have told me earlier about your beliefs about the burden of proof, do you believe that you could be totally fair to Mr. Shope in this case?
A. Well, I certainly hope I could. It’s like I said, the reason I have come to that conclusion now is because I haven’t heard any other evidence so, I mean that’s all I have to go on. Now I think that maybe, I mean everybody says that they haven’t formed an opinion but I think most people do and I have.
Q. You have formed an opinion about his guilt or innocence?
A. Yes.
Q. Okay, given that fact, isn’t it true that you could not be totally fair to Mr. Shope, given what Judge Downs has told you about the law?
A. Possibly not, I don’t know.

Defendant ultimately dismissed Waldroup peremptorily. When he encountered another juror he found unacceptable, but who he could not challenge for cause, defendant had already exhausted his peremptory challenges and could not excuse the juror.

A challenge for cause may be made on the ground that the juror “[h]as formed or expressed an opinion as to the guilt or innocence of the defendant.” N.C. Gen. Stat. § 15A-1212(6) (1988). It may also be [274]*274made where the juror “would be unable to render a verdict with respect to the charge” or “is unable to render a fair and impartial verdict.” N.C. Gen. Stat. § 15A-1212(8), (9) (1988). “Challenges for cause are granted to ensure that defendants are tried by fair, impartial, and unbiased juries.” State v. Leonard, 296 N.C. 58, 62, 248 S.E.2d 853, 855 (1978). The trial court’s ruling on a challenge for cause rests in its sound discretion. State v. Cunningham, 333 N.C. 744, 429 S.E.2d 718 (1993).

Typically, “a juror who has formed an opinion as to defendant’s guilt or innocence is not impartial and ought not serve.” State v. Corbett, 309 N.C. 382, 386,

Related

State v. Leonard
248 S.E.2d 853 (Supreme Court of North Carolina, 1978)
State v. Corbett
307 S.E.2d 139 (Supreme Court of North Carolina, 1983)
State v. Hightower
417 S.E.2d 237 (Supreme Court of North Carolina, 1992)
State v. Cunningham
429 S.E.2d 718 (Supreme Court of North Carolina, 1993)
State v. Cummings
389 S.E.2d 66 (Supreme Court of North Carolina, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
454 S.E.2d 716, 118 N.C. App. 270, 1995 N.C. App. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-shope-ncctapp-1995.