State v. Vinet

352 So. 2d 684
CourtSupreme Court of Louisiana
DecidedNovember 14, 1977
Docket59895
StatusPublished
Cited by20 cases

This text of 352 So. 2d 684 (State v. Vinet) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Vinet, 352 So. 2d 684 (La. 1977).

Opinion

352 So.2d 684 (1977)

STATE of Louisiana
v.
Gustavo VINET.

No. 59895.

Supreme Court of Louisiana.

November 14, 1977.
Rehearing Denied December 14, 1977.

*686 Anthony R. Frey, III, Frey & Wheelahan, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Abbott J. Reeves, Director, Research and Appeals Division, Asst. Dist. Atty., for plaintiff-appellee.

SUMMERS, Justice.

Gustavo Vinet was charged in a bill of information as amended with the aggravated battery of Dewey Zimmerman with an iron bar. La.Rev.Stat. 14:34. In a trial by a jury of six Vinet was found guilty and sentenced to imprisonment for five years at hard labor. Six assignments of error are urged on this appeal.

Assignment 3

While interrogating the prospective jurors on voir dire, the State's attorney directed this question to the group:

"Would anyone on the jury panel require the State to go further than what the law requires, that is, require the State to prove its case more than just beyond a reasonable doubt? Would anybody require the State to go further than proving it beyond a reasonable doubt?
There's a difference between a reasonable doubt and an absolute dead certainty. Now would anybody on the jury panel require the State to prove it to a certainty, you know, without any doubt, rather than beyond a reasonable doubt?"

At this point the prospective juror Sorbet said, "I feel like it would have to be a certainty." Despite efforts by the trial judge, the State's attorney and defense counsel to further explain and clarify the difference between "certainty" and "beyond a reasonable doubt," the prospective juror persisted in her resolve. She said she could not find anyone guilty unless the proof of guilt was beyond any doubt, that is, to a certainty. Whereupon, the State challenged her for cause and the trial judge maintained the challenge, to which defense counsel objected and assigned the ruling as error.

Article 804 of the Code of Criminal Procedure requires the trial judge to charge the jury that: "It is the duty of the jury if not convinced of the guilt of a defendant beyond a reasonable doubt, to find him not guilty." And Section 271 of Title 15 of the Revised Statutes states: "The plea of not guilty throws upon the state the burden of proving beyond a reasonable doubt each element of the crime necessary to constitute the defendant's guilt."

The standard of proof required for conviction is therefore definite and fixed by statute. And Article 797 of the Code of Criminal Procedure announces that a juror's inability to accept the law as given by the court is a ground for which the State may challenge the juror for cause.

*687 Thus on the foregoing authority the ruling of the trial judge was correct. State v. Raymond, 258 La. 1, 245 So.2d 335 (1971); State v. Scott, 243 La. 1, 141 So.2d 389 (1962). Furthermore, the defense has not shown that the State had exhausted its peremptory challenges and that the effect of this ruling is the exercise by the State of more peremptory challenges than it is entitled to by law. Unless this showing is made the defendant has no ground for complaint, even if the ruling allowing the State challenge was erroneous. La.Code Crim.Pro. art. 800; State v. Raymond, supra.

This assignment has no merit.

Assignment 4

The following exchange occurred during the jury selection process. While questioning the prospective juror Michaan, defense counsel asked:

"Mr. Frey:
If the State proves that he is probably guilty but they haven't proved it beyond a reasonable doubt, just proved the probability what would be your verdict?
Mr. Cullen: [prosecutor]
Your Honor, I'm going to object to that question. It's a question of degree.
The Court:
Sustain the objection.
Mr. Frey:
Note an objection to the Court's ruling. No further questions."

The defense contends that it was error for the trial judge to limit voir dire examination in this case. In doing so it is asserted defendant was denied the right to "full voir dire examination of prospective jurors" guaranteed by Section 17 of Article I of the Constitution.

Undoubtedly the defense is entitled to wide latitude in examining prospective jurors. This right is, however, to be exercised within the discretion of the trial judge who determines the scope of the examination under the prevailing facts and circumstances. La.Code Crim.Pro. art. 786. And when the question arises whether voir dire examination has been unduly restricted, the disallowance of a proper question is not automatically reversible. In evaluating the fairness of the ruling the entire examination must be considered. State v. Monroe, 329 So.2d 193 (La.1976); State v. Jones, 315 So.2d 650 (1975).

In the instant case, the defense complains that adequate inquiry into the difference between the standard of proof of "probability" and "reasonable doubt" was not allowed. The assertion is not supported by the record.

At the outset of the voir dire proceedings, the trial judge gave a standard instruction on the burden of proof in a criminal action. This instruction included the explicit distinction between probability of guilt and guilt beyond a reasonable doubt. The judge instructed: ". . . Even where the evidence demonstrates a probability of guilt yet if it does not establish it beyond a reasonable doubt, you must acquit the accused."

While addressing the prospective jurors, defense counsel stated: "I suggest at this point that you will get your instructions from the Court at the end of these proceedings as to what reasonable doubt is." Again, through a series of questions propounded to the panel of prospective jurors, defense counsel was afforded an opportunity to explore the concepts of reasonable doubt, moral certainty, and the presumption of innocence. And, at the close of the evidence, the trial judge again instructed the jury on presumption of innocence, the distinction between a "probability of guilt" and "guilt beyond a reasonable doubt."

Thus, in the full context of the instructions given by the trial judge and the questions and statements of defense counsel, a full voir dire examination was allowed as contemplated by Section 17 of Article I of the Constitution. The constitutional guarantee of full voir dire examination does not require the court to tolerate prolonged, repetitious and unnecessary interrogation.

This assignment is without merit.

*688 Assignment 5

During voir dire examination of the prospective juror Rougee she answered "Yes, I would" in response to defense counsel's question, "Are you willing to give Gus [the defendant] the presumption of innocence that we discussed earlier today?"

Defense counsel then asked, "All the way up until the time, if ever, that the State proves its case beyond a reasonable doubt?"

To which she replied, "Well, if they can present enough facts to prove that he is guilty, I would go in that direction but until then I wouldn't sway."

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