From Casetext: Smarter Legal Research

Morgan v. People

Supreme Court of Colorado
Mar 9, 1981
624 P.2d 1331 (Colo. 1981)

Summary

holding that trial court erred in denying challenge for cause to juror who, following the court's attempt to rehabilitate him, stated that he "could go along with it" but would "find it hard not hearing both sides of it" and he could not "picture one side of a trial"

Summary of this case from People v. Clemens

Opinion

No. 79SC367

Decided March 9, 1981.

Certiorari to the Colorado Court of Appeals

J. Gregory Walta, State Public Defender, Steven H. Denman, Deputy, Cynthia C. Cederberg, Deputy, for petitioner.

J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Susan P. Mele-Sernovitz, Assistant Attorney General, for respondent.

En Banc.


Defendant Roy Alan Morgan was convicted by a jury of a violation of section 18-8-203, C.R.S. 1973, introducing contraband in the first-degree. The defendant appealed contending that the trial court erred in denying his challenge of a prospective juror for cause. The court of appeals in an unpublished opinion affirmed the conviction. We granted certiorari, and now reverse the judgment of the court of appeals.

The specific charges against the defendant involved alleged possession of marijuana in the state penitentiary. During voir dire, the defense attorney indicated that his client might not testify. When the juror in question was asked if the defendant's failure to testify would affect his ability to be fair and impartial, he replied that he wanted to hear "both sides of the story." Following explanations of the general principles of law regarding the presumption of innocence and the right to remain silent, the prospective juror indicated that he "could go along with that." However, he commented that he would "find it hard not hearing both sides of it," and that he couldn't "picture one side of a trial."

The need for a careful evaluation of the competence of potential jurors to assess the defendant's guilt or innocence solely on the evidence admitted at trial, and the serious practical problems involved with these assessments, are sound reasons for placing great discretion in the trial court in the jury selection procedures. See People v. McCrary, 190 Colo. 538, 549 P.2d 1320 (1976); Leick v. People, 136 Colo. 535, 322 P.2d 674, cert. denied, 357 U.S. 922, 78 S.Ct. 1363, 2 L.Ed.2d 1366 (1958). The placing of this discretion in the trial judge does not, however, permit appellate courts to abdicate their responsibility to ensure that the requirements of fairness are fulfilled. Beeman v. People, 193 Colo. 337, 565 P.2d 1340 (1977). A prospective juror should be excused if "it appears doubtful" that he will be governed by the instructions of the court as to the law of the case. Jones v. People, 23 Colo. 276, 47 P. 275 (1896). See also Colo. Crim. P. 24(b)(1)(x) and section 16-10-103(1)(j), C.R.S. 1973, (now in Repl. Vol. 8). A fair trial for the accused when a juror has given indications that he would not follow the court's instructions is an improbability. Such a juror should be removed from the panel by the trial court.

The juror in this case repeatedly indicated that he would have difficulty applying the principle that the burden of proof rests solely upon the prosecution to establish the guilt of the accused. In Nailor v. People, 200 Colo. 30, 612 P.2d 79 (1980), which involved a similar situation, this court emphasized that:

"[I]f there is sufficient reason to question the impartiality of the juror, the trial court should grant a challenge for cause and dismiss the juror."

Here, there was no dispute that the juror doubted his ability or willingness to apply the law. The trial court therefore abused its discretion by failing to excuse him.

The judgment of the court of appeals is reversed and the cause is returned to that court for remand to the trial court for a new trial.


Summaries of

Morgan v. People

Supreme Court of Colorado
Mar 9, 1981
624 P.2d 1331 (Colo. 1981)

holding that trial court erred in denying challenge for cause to juror who, following the court's attempt to rehabilitate him, stated that he "could go along with it" but would "find it hard not hearing both sides of it" and he could not "picture one side of a trial"

Summary of this case from People v. Clemens

concluding that a juror was actually biased where he indicated he would have "difficulty applying the principle that the burden of proof rests solely upon the prosecution to establish the guilt of the accused"

Summary of this case from People v. Abu-Nantambu-El

concluding that the trial court had abused its discretion in failing to excuse a prospective juror for cause when the juror repeatedly indicated that he would have difficulty applying the principle that the burden of proof rested on the prosecution, notwithstanding the fact that the juror at one point also said that he could "go along" with the presumption of innocence and the defendant’s right to remain silent

Summary of this case from Vigil v. People

reversing a trial court's denial of a challenge for cause where juror maintained throughout voir dire that he would "find it hard" to remain unbiased if the defendant did not testify

Summary of this case from People v. Vecchiarelli-Mclaughlin

In Morgan, 624 P.2d at 1332, the challenged juror also stated clearly and repeatedly that he would have trouble applying the principle that the prosecution bears the sole burden of proof at trial.

Summary of this case from Morrison v. People

In Morgan, the prospective juror continued to display "persistent doubts" despite efforts by the court to rehabilitate him, but here Juror M. repeatedly demonstrated that he understood that LePage had a right not to testify and that if LePage chose not to testify, he could not consider that fact during deliberation.

Summary of this case from People v. LePage

In Morgan, supra, the supreme court recognized the general rule of trial court discretion, but stated that prospective jurors should be excused for cause if they repeatedly indicate that they will have difficulty applying instructions relating to the prosecution's burden of proof, thus making it appear doubtful that the instructions of the court as to the law would be followed.

Summary of this case from People v. Sandoval
Case details for

Morgan v. People

Case Details

Full title:Roy Alan Morgan v. The People of the State of Colorado

Court:Supreme Court of Colorado

Date published: Mar 9, 1981

Citations

624 P.2d 1331 (Colo. 1981)

Citing Cases

Vigil v. People

Despite the wide discretion afforded trial courts, however, appellate courts must not "abdicate their…

People v. Vecchiarelli-Mclaughlin

As this prospective juror made no statements which would give us reason to believe that the trial court…