Watson v. State

651 So. 2d 1159, 1994 WL 597643
CourtSupreme Court of Florida
DecidedNovember 3, 1994
Docket79139
StatusPublished
Cited by29 cases

This text of 651 So. 2d 1159 (Watson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watson v. State, 651 So. 2d 1159, 1994 WL 597643 (Fla. 1994).

Opinion

651 So.2d 1159 (1994)

Kenneth WATSON, Appellant,
v.
STATE of Florida, Appellee.

No. 79139.

Supreme Court of Florida.

November 3, 1994.
Rehearing Denied March 21, 1995.

*1160 Bennett H. Brummer, Public Defender and Robert Kalter, Asst. Public Defender, Miami, for appellant.

Robert A. Butterworth, Atty. Gen. and Anita J. Gay, Asst. Atty. Gen., Miami, for appellee.

ON REHEARING GRANTED

PER CURIAM.

Kenneth Watson appeals his conviction for murder and the ensuing sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

On October 31, 1988, Mrs. Ella Hickman entered her home and found a stranger within. The stranger, using a long slender sharp object, stabbed Mrs. Hickman six times about the head and neck; a stab to the carotid artery was fatal. Watson was charged with and the jury found him guilty of first-degree murder, armed burglary with an assault, and armed robbery of Mrs. Hickman. The judge imposed a sentence of death,[1] and Watson now appeals his murder conviction and death sentence.[2]

Guilt Phase

Watson's first issue asserts that the trial court erred in denying his challenges for cause against prospective jurors Webster, Benton, and Vento.[3] We disagree. During voir dire, the trial judge instructed the panel as follows:

Now, the other principle that I want to address with you and it's a very important constitutional right that the defendant has, is that he does not have to prove anything... . [T]hat burden is entirely on the State... . [T]he defendant has the absolute right to remain silent and if he exercises that right you cannot use that against him in any way.
....
... [T]he attorneys don't have to do anything either, they could sit there and do cross word puzzles and if the State doesn't meet the burden of proof, proving the defendant guilty beyond and to the exclusion of every reasonable doubt, the fact that the attorneys didn't do anything cannot play a part, cannot say well, they didn't do anything so he must be guilty.

After this instruction was given, the judge turned to topics unrelated to the burden of proof. Later in the proceedings, the state and defense attorneys were allowed to ask questions of the panel. The questioning relevant to our decision is as follows:

MR. SMITH [defense counsel]: Okay. What if we didn't do anything? I'm not saying that's going to happen, but I just want to know if that was the situation. *1161 The law says, the rule is that we don't have to do anything, we don't have to prove anything, we don't have to prove to, we have no responsibility, they do?
....
MR. SMITH: Right. Who feels the same way as Ms. Mena, that it would concern them if we didn't prove anything by bringing witnesses or bringing evidence?
Ms. Webster, that would concern you?
MS. WEBSTER: Yes, that would.
MR. SMITH: Why would it concern you? Same reason or for a different reason, you wonder why what we're doing here?
MS. WEBSTER: I think he should have the opportunity to have witnesses come in and testify for him.
MR. SMITH: Let's say we do have the opportunity but we choose not to do it, would it concern you?
MS. WEBSTER: Yes, it would because I think of that he was not being fairly represented in the criminal justice system.
MR. SMITH: Would it cause you to wonder whether or not Mr. Watson was guilty if we didn't put on any evidence?
MS. WEBSTER: I can't say that I would think that in my mind because in my mind I think he's innocent until proven guilty.
MR. SMITH: Okay. Let's say that they present their evidence and they rest their case and then the judge says to us what evidence do you have to present and we say none, would that concern you, would you think that Mr. Watson's probably guilty because we did that?
It's a hard question.
MS. WEBSTER: It is.
MR. SMITH: What do you think? The reason I'm asking you this is because there's a rule that says we're not required to do anything and if it would be difficult for you to follow the rule, as I said, the worst that happens is that you're not on the jury in this case. And if that rule is —
MS. WEBSTER: I don't think I could accept the fact that he did not present any evidence.

The questioning of Webster was terminated at this point and the relevant examination of venireman Vento was as follows:

MR. SMITH: Okay. What about the second row, does anybody here feel that it would make them think Mr. Watson's guilty if we didn't prove anything, we didn't present witnesses, didn't present evidence?
....
Mr. Vento, how about that?
MR. VENTO: I don't think nothing, it's a very hard question.
MR. SMITH: I know it is, I don't ask easy questions.
MR. VENTO: You have to present something.
MR. SMITH: Well, what if we didn't present any witnesses or didn't put on any evidence and the judge told you we don't have to, but it bothers me and I'm thinking about it. You see, it's tough to try juggle those two things.
MR. VENTO: Would bother me.
MR. SMITH: Could you follow the law if the law said we didn't have to?
MR. VENTO: I don't know.
MR. SMITH: That would cause you some problem?
MR. VENTO: Yes.

The questioning of Vento was terminated after this answer. Neither the court nor the state attempted to rehabilitate Webster or Vento or to determine whether in light of previous answers they possessed a state of mind that would enable them to render impartial verdicts based solely on the evidence presented and the instructions given by the judge.[4] Watson's attempt to have the two venirepersons removed for cause was denied and he was forced to remove them by using peremptory challenges. Watson exhausted his peremptory challenges, requested three *1162 additional challenges, and identified the jurors he would strike. The court granted one additional challenge. Watson asserts that the trial court erred in denying his challenges for cause and that the denial of these challenges forced him to exhaust his peremptories, thus resulting in a trial by objectionable jurors. At the outset, it is well to remember the standard by which we review this issue. In Mills v. State, 462 So.2d 1075, 1079 (Fla.), cert. denied, 473 U.S. 911, 105 S.Ct. 3538, 87 L.Ed.2d 661 (1985), this Court stated:

The competency of a juror challenged for cause presents a mixed question of law and fact to be determined by the trial court. Manifest error must be shown to overturn the trial court's finding.

A fair reading of juror Webster's colloquy indicates that her main concern was that if Watson's lawyers did not call any witnesses, he would not be getting fair representation. She did not indicate that she would find him guilty if he presented no evidence.

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Cite This Page — Counsel Stack

Bluebook (online)
651 So. 2d 1159, 1994 WL 597643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-state-fla-1994.