Williams v. State

638 So. 2d 976, 1994 WL 245578
CourtDistrict Court of Appeal of Florida
DecidedJuly 14, 1994
Docket92-3418
StatusPublished
Cited by26 cases

This text of 638 So. 2d 976 (Williams v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. State, 638 So. 2d 976, 1994 WL 245578 (Fla. Ct. App. 1994).

Opinion

638 So.2d 976 (1994)

David Lee WILLIAMS, Appellant,
v.
STATE of Florida, Appellee.

No. 92-3418.

District Court of Appeal of Florida, Fourth District.

June 8, 1994.
As Amended on Denial of Rehearing July 14, 1994.

*977 Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

PARIENTE, Judge.

The defendant was convicted of delivery of cocaine and possession of drug paraphernalia. He asserts error occurred when a juror was not dismissed for cause after being timely challenged. The juror voluntarily expressed doubts about his impartiality during questioning by the defense counsel. The juror's subsequent responses to questions by the trial court were insufficient to overcome doubts as to his impartiality. Accordingly, we reverse.

During voir dire, the following exchange took place between the juror and defense counsel:

DEFENSE COUNSEL: Mr. Medina, you said that you have lots of contacts in the U.S. Attorney's Office, right? Its obviously law enforcement, its a fact that you have so many people who work in law enforcement. Do you think that would have any difficulty at all to do with your ability to sit as a juror and could be fair to David Williams?
JUROR: I would like to say I would, but if I was on trial and I had a juror who goes to dinner and goes out socially with lawyer's secretaries and lawyers and directors of personnel and in the heat of all these conversations we talk and my opinion they have theirs and I've never been on a trial like this, I've been on a civil case, so I never crossed that bridge. I would like to think that I could be impartial, but I also would like Mr. Williams to know that in this situation I have deep feelings in this kind of case because of you know my input, if you don't have the input of what I've gone through. Every dinner I have to tell everyone let's stop talking shop so its like every time we're together we're talking about trials, plea bargaining, the whole nine yards.
DEFENSE COUNSEL: Me too.
JUROR: I can't answer you honestly. I would like to think I could.
DEFENSE COUNSEL: Let me ask you this, I know you would like to believe you *978 could. From what I'm hearing it sounds like you have some apprehension, some hesitation about committing to David Williams that you would put aside any feelings you got from those dinners that you had and that you're not a hundred percent sure that you could be fair and impartial; is that a fair statement?
JUROR: (Nods head.)

(Emphasis added)

The trial court then asked a series of leading questions:

THE COURT: You wouldn't have any problem sitting there knowing you have to go back and face all those prosecutors?
JUROR: Right.
THE COURT: And knowing that they're going to give you, with all due respect, a lot of crap about it.
JUROR: I hold my own.
THE COURT: Alright. You could be fair and impartial is what you're telling us?
JUROR: I hope that I can.
THE COURT: Well, nobody can do more than that. If there's anydody (sic) that says a hundred percent they can be fair and impartial I tend not to believe them then says to me I'll do my best because there is something in my background that makes me lean more one way than another way.
JUROR: Okay, I look at it this way, I had to say something because I wasn't going to say anything.
THE COURT: You have to say it, I'm not chastising you for saying anything.

However, the juror next volunteered the following comment to the court:

JUROR: I'll be impartial because that's my character. If I kept it there I'm not being fair to Mr. Williams because I would think he would want a pure or slightly more pure attitude than I have. (Emphasis added)

Despite the juror's subsequent statement that "I'll be impartial because that's my character," he never expressed unequivocally that he could be fair and impartial in this case. He stated only that he hoped he could. See Montozzi v. State, 633 So.2d 563 (Fla. 4th DCA 1994). As a result, doubts raised by his initial statement that he had "deep feelings in this kind of case" were not subsequently removed. The juror advised the defense lawyer that, if he were the defendant, he would not be happy with himself on this jury. His final statement to the court that the defendant would want a juror with a "slightly more pure attitude" should have signalled that this juror had a continued concern with his ability to be impartial.

The right to an impartial jury is guaranteed by our constitution. The supreme court noted in Singer v. State, 109 So.2d 7, 15 (Fla. 1959):

As long as the Constitution of this State guarantees an accused trial by "an impartial jury" the people of this State through their government in all its branches at all levels and all the institutions fostered or permitted under it are solemnly bound to do that which is necessary to preserve such a trial to every accused, whether he be guilty or innocent.

To render the right to an impartial jury meaningful, cause challenges must be granted if there is a basis for any reasonable doubt as to the juror's ability to be fair. Moore v. State, 525 So.2d 870, 872 (Fla. 1988); Hill v. State, 477 So.2d 553 (Fla. 1985), cert. denied, 485 U.S. 993, 108 S.Ct. 1302, 99 L.Ed.2d 512 (1988); Singer, 109 So.2d at 23; Chapman v. State, 593 So.2d 605 (Fla. 4th DCA 1992); King v. State, 622 So.2d 134 (Fla. 3d DCA 1993); Auriemme v. State, 501 So.2d 41 (Fla. 5th DCA 1986), rev. denied, 506 So.2d 1043 (Fla. 1987). Because impartiality of the finders of fact is an absolute prerequisite to our system of justice, we have adhered to the proposition that close cases involving challenges to the impartiality of potential jurors should be resolved in favor of excusing the juror rather than leaving doubt as to impartiality. See Montozzi; Sydleman v. Benson, 463 So.2d 533 (Fla. 4th DCA 1985).

This juror vacillated between partiality and impartiality, having initially advised defense counsel of his "deep feelings in this kind of case" based on his numerous contacts in the U.S. Attorney's Office and in law enforcement. Commenting on the implications *979 of a juror's equivocation, the supreme court in Johnson v. Reynolds, 97 Fla. 591, 599, 121 So. 793, 796 (1929) observed:

It is difficult, if not impossible, to understand the reasoning which leads to the conclusion that a person stands free of bias or prejudice who having voluntarily and emphatically asserted its existence in his mind, in the next moment under skillful questioning declares his freedom from its influence. By what sort of principal is it to be determined that the last statement of the man is better and more worthy of belief than the former?

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Bluebook (online)
638 So. 2d 976, 1994 WL 245578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-fladistctapp-1994.