Workman v. State

1991 OK CR 125, 824 P.2d 378, 63 O.B.A.J. 29, 1991 Okla. Crim. App. LEXIS 136, 1991 WL 275192
CourtCourt of Criminal Appeals of Oklahoma
DecidedDecember 31, 1991
DocketF-87-411
StatusPublished
Cited by44 cases

This text of 1991 OK CR 125 (Workman v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Workman v. State, 1991 OK CR 125, 824 P.2d 378, 63 O.B.A.J. 29, 1991 Okla. Crim. App. LEXIS 136, 1991 WL 275192 (Okla. Ct. App. 1991).

Opinions

OPINION

JOHNSON, Judge:

Windel Ray Workman, appellant, was tried by jury for the crime of Murder in the First Degree in the District Court of Oklahoma County, Case No. CRF-87-254. Appellant was represented by counsel. The jury returned a verdict of guilty and set punishment at death. The trial court sentenced the appellant in accordance with the jury’s verdict. From this Judgment and Sentence, appellant appeals to this Court.

At about 10:30 a.m. on January 10, 1987, the appellant and his live-in girlfriend, Rebecca Holman, brought twenty-eight month old Amanda Holman, Rebecca’s daughter, to South Community Hospital. Amanda had been left with the appellant at his home in Oklahoma City the two days preceding her death. At trial, a forensic pathologist testified that Amanda had been severely beaten, and that as a result, she developed a subdural hemorrhage which led to her death. The emergency room physician also testified that Amanda was a victim of the battered child syndrome.

The appellant testified that during the last two days, Amanda had fallen three times; once off her bed hitting a dresser, then out of the bathtub, and finally off the bed again, this time hitting her head on the floor.

After both sides had exhausted all peremptory challenges, but prior to the jury being sworn, prospective Juror Simmons reported to the trial court that she had viewed a report concerning the case on the television that morning. Juror Simmons expressed her belief that her ability to be impartial had been impaired. Appellant asserts that the trial court erred in not excusing Juror Simmons for cause.

Whether or not a juror is able to serve in an objective, unbiased manner, as required by law, is necessarily an inquiry within the discretion of the trial court, which will not be disturbed unless an abuse is evident. Sherrick v. State, 725 P.2d 1278, 1282 (Okl.Cr.1986). The question is not whether a juror has formed a preconceived notion or opinion prior to trial, but [381]*381whether that juror has expressed affirmatively a willingness to lay aside these impressions and fender a verdict based solely on the evidence presented in court. Wooldridge v. State, 659 P.2d 943, 945 (Okl.Cr.1983). See also, Smith v. State, 656 P.2d 277 (Okl.Cr.1982).

We have examined the record concerning the voir dire of Juror Simmons and find no abuse of discretion. During an in-camera hearing, Juror Simmons stated twice that she could base her verdict on the evidence presented in court. Moreover, during questioning by defense counsel, Juror Simmons stated that the hearing had changed the way she had originally felt. In this age of electronics one cannot go without some exposure to the media; the question is not whether or not a person has seen a T.V. report but the prejudice or bias of the juror. A criminal defendant is not entitled to a jury of persons entirely ignorant of the facts surrounding the case, nor is such a jury necessary to protect the right to the presumption of innocence. Wooldridge, supra. Finally, 22 O.S.1981, § 662, provides in pertinent part:

[n]o person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon rumor, statements in public journals, or common notoriety, provided it appears to the court upon his declaration, under oath or otherwise, that he can and will, not withstanding such opinion, act impartially and fairly upon the matters to be submitted to him ...

We find no error.

Appellant next contends that there was insufficient evidence to support his conviction. In reviewing the sufficiency of the evidence, we must determine whether any rational trier of fact could have found the essential elements of the crime charged beyond a reasonable doubt. Schultz v. State, 749 P.2d 559, 562 (Okl.Cr.1988). The evidence is reviewed in the light most favorable to the prosecution. Id.

After a review of the record in the present case, we find that sufficient evidence was presented. After observing numerous bruises on Amanda’s face, chest and buttocks, the emergency room doctor and nurse suspected child abuse and contacted the police. The medical examiner detailed extensive injuries to her head, abdomen and buttocks and testified that Amanda’s death was caused by a blunt head injury which resulted in subdural hemorrhage. He testified that the fatal injuries occurred within two days of her death. Both physicians agreed that her death was the result of child abuse rather than by accidental falls as described by the appellant. Finally, the appellant admitted that Amanda had been mainly in his care the two days prior to her death. We find this assignment to be without merit. We further find that the trial court correctly overruled the appellant’s motion for a directed verdict.

Appellant next asserts that the trial court erred in refusing to grant any of his several requests for a mistrial. However, the appellant has failed to cite any relevant authority in support of his contention. Foster v. State, 742 P.2d 1131, 1135 (Okl.Cr.1987). Thus, this assignment is not properly preserved for review.

Appellant next argues that the trial court erred in admitting two photographs, depicting Amanda’s face and buttocks, into evidence. Specifically, appellant complains that the photographs were taken after an autopsy, thereby confusing pre-mortem bruising with post-mortem lividity. Admittedly, these two photographs depict a heartbreaking scene of a child with numerous bruises over her body. Nevertheless, these photographs are admissible if their probative value outweighs their prejudicial effect. Grayson v. State, 747 P.2d 971, 974 (Okl.Cr.1987). Absent an abuse of discretion, the ruling of the trial court will not be disturbed. Id.

In the present case, the photographs served to corroborate the testimony of several witnesses as to Amanda’s physical appearance, and that the color of the appellant’s pictures appeared to be too light. They also indicated the various injuries suffered by Amanda, and tended to refute the [382]*382appellant’s explanation of accidental fallings. Moreover, a review of the photographs reveals no evidence that an autopsy had been performed. This assignment of error is without merit.

During the guilt phase of trial, the trial court admitted into evidence a video tape of two interviews conducted by Oklahoma City Police detectives with the appellant. The interviews were conducted on the 10th and 12th of January, 1987. Appellant now asserts that the tape consists predominantly of inadmissible hearsay.

A defendant’s own statements are not hearsay. See 12 O.S.1981, § 2801(4)(b)(l). When his statements are relevant to the issues at trial, the trial court has discretion to admit such. Stouffer v. State, 738 P.2d 1349, 1357 (Okl.Cr.1987) modified on other grounds 742 P.2d 562 (Okl.Cr.1987). See also England v. State, 276 P.2d 270, 276 (Okl.Cr.1954). We have reviewed the transcripts of the interviews and find no abuse of discretion. Appellant’s statements were very relevant to the issue at trial, that being, whether Amanda died from accidental falls or child abuse.

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Hooper v. State
1997 OK CR 64 (Court of Criminal Appeals of Oklahoma, 1997)
Johnson v. State
928 P.2d 309 (Court of Criminal Appeals of Oklahoma, 1996)
Pennington v. State
1995 OK CR 79 (Court of Criminal Appeals of Oklahoma, 1995)
Powell v. State
906 P.2d 765 (Court of Criminal Appeals of Oklahoma, 1995)
Spears v. State
1995 OK CR 36 (Court of Criminal Appeals of Oklahoma, 1995)
Perry v. State
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Scott v. State
1995 OK CR 14 (Court of Criminal Appeals of Oklahoma, 1995)
Harjo v. State
882 P.2d 1067 (Court of Criminal Appeals of Oklahoma, 1994)
Malone v. State
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Cite This Page — Counsel Stack

Bluebook (online)
1991 OK CR 125, 824 P.2d 378, 63 O.B.A.J. 29, 1991 Okla. Crim. App. LEXIS 136, 1991 WL 275192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/workman-v-state-oklacrimapp-1991.