Humphreys v. State
| Decision Date | 10 October 1997 |
| Docket Number | No. F-95-402,F-95-402 |
| Citation | 1997 OK CR 59,947 P.2d 565 |
| Parties | 1997 OK CR 59 Jackie Eugene HUMPHREYS, Appellant, v. STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, Jackie Eugene Humphreys, 1 was tried by jury and convicted of one count of Murder in the first degree (21 O.S.Supp.1982, § 701.7(A)) in the District Court of Okmulgee County, Case No. CRF-87-5001, the Honorable Anne Moroney, District Judge, presiding. The jury found three (3) aggravating circumstances 2 and recommended death. The trial court sentenced Appellant accordingly. Appellant appealed his Judgment and Sentence to this Court and we affirmed Appellant's conviction for murder, but vacated the sentence of death and remanded the case for resentencing because the jury was not instructed on the punishment option of life without the possibility of parole. Humphrey v. State, 864 P.2d 343 (Okl.Cr.1993). Pursuant to 21 O.S.Supp.1993, § 701.10a, a jury was impaneled and a new sentencing proceeding was conducted before the Honorable Franklin D. Rahhal on April 3-6, 1995. The jury again returned a sentence of death finding the same three aggravating circumstances as the original sentencing jury. 3 The trial court sentenced Appellant to death and it is from this Judgment and Sentence that Appellant appeals. We affirm.
The facts of this case are set out in detail in Humphrey v. State, 864 P.2d at 344. Stated briefly, Appellant stabbed to death his common law wife, Bessie Phipps, on New Years Day 1987 in the Cuban Bar in Henryetta, Oklahoma. The evidence showed both Appellant and Phipps were alcoholics whose relationship was marked with violence. Phipps had moved out of Appellant's home prior to the murder. Other facts will be discussed as they become relevant.
In his first proposition of error, Appellant argues the trial court's death-qualifying questions improperly diminished the jurors' sense of responsibility in determining the appropriate penalty because the trial court asked the prospective jurors if they could "recommend" a death sentence rather than whether they could "impose" a death sentence. See Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985); Mayes v. State, 887 P.2d 1288, 1324 (Okl.Cr.1994) (Chapel, J. dissenting), cert. denied, 513 U.S. 1194, 115 S.Ct. 1260, 131 L.Ed.2d 140 (1995). Appellant contends asking jurors if they could recommend the death penalty rather than impose the death penalty conveyed to the jurors that their sentencing verdict would only be a recommendation which would be reviewed or considered for appropriateness. 4
A death sentence is unconstitutional if it rests on a determination made by a jury which has been led to believe that the responsibility for deciding the appropriateness of the death penalty lies elsewhere. Caldwell, 472 U.S. at 329, 105 S.Ct. at 2639, 86 L.Ed.2d at 239. Only comments which mislead the jury as to its role in the sentencing process in a way that allows the jury to feel less responsible than it should for the sentencing decision will violate Caldwell. Darden v. Wainwright, 477 U.S. 168, 183, n. 15, 106 S.Ct. 2464, 2472-73, n. 15, 91 L.Ed.2d 144 (1986).
In Romano v. State, 847 P.2d 368, 390 (Okl.Cr.1993), the trial judge advised each prospective juror during voir dire that it was his or her duty to determine whether or not, considering the evidence, death should be recommended. This Court held such a statement was not error as it was a proper statement of the law. Id. See also Wade v. State, 825 P.2d 1357, 1360 (Okl.Cr.1992) (). The Supreme Court affirmed this Court's decision in Romano and held that a Caldwell violation is only established if the remarks improperly describe the role assigned to the jury by local law. Romano v. Oklahoma, 512 U.S. 1, 8, 114 S.Ct. 2004, 2010, 129 L.Ed.2d 1 (1994). As in Romano, the question posed in the instant case was a proper statement of the law. We further note the trial court administered explicit instructions concerning the jury's duty to determine punishment as was done in Romano. Accordingly, we find the question did not divert the jury from its "awesome responsibility" of deciding the appropriate punishment. Romano, 847 P.2d at 390.
Next, Appellant argues the trial court abused its discretion when it excused prospective jurors Fitzl and Coker for cause and refused to allow defense counsel to rehabilitate them. The decision whether to disqualify a prospective juror for cause rests in the trial court's sound discretion whose decision will not be disturbed unless an abuse of discretion is shown. Spears v. State, 900 P.2d 431, 437 (Okl.Cr.), cert. denied, 516 U.S. 1031, 116 S.Ct. 678, 133 L.Ed.2d 527 (1995); Allen v. State, 862 P.2d 487, 491 (Okl.Cr.1993), cert. denied, 511 U.S. 1075, 114 S.Ct. 1657, 128 L.Ed.2d 375 (1994). To determine if the trial court properly excused a prospective juror for cause, this Court will review the entirety of the juror's voir dire examination. Carter v. State, 879 P.2d 1234, 1244 (Okl.Cr.1994), cert. denied, 513 U.S. 1172, 115 S.Ct. 1149, 130 L.Ed.2d 1107 (1995). To withstand a challenge for cause concerning punishment issues, a venireperson must be willing to consider all the penalties provided by law and not be irrevocably committed to any one punishment option before the trial has begun. Carter, 879 P.2d at 1244.
In the instant case, prospective juror Fitzl stated unequivocally during individual voir dire that she had views about capital punishment that would prevent or substantially impair her ability to consider the three punishment options. Fitzl further stated that even if the law and the evidence warranted a recommendation of the death penalty, she could not recommend a death sentence. The trial court properly excused Fitzl for cause and Appellant has failed to show any abuse of discretion. 5
Prospective juror Coker stated during individual voir dire that she had a problem with [the death penalty]. The trial court asked if Coker could recommend the death penalty if the law and the evidence warranted it. Coker stated that she could and had no reservations about imposing a death sentence if the evidence warranted it. During general voir dire, the prosecutor asked Coker if she could return a verdict of death. Coker said she would have "a little problem with that...." A bench conference was held and the trial court made further inquiry. Coker then stated that she did not know whether she could impose the death penalty and that she had reservations about it. Before excusing Coker for cause the trial court asked:
When reviewing cases in which a prospective juror's answers are unclear or equivocal, this Court traditionally defers to the impressions of the trial court who can better assess whether a potential juror would be unable to fulfill his or her oath. Scott v. State, 891 P.2d 1283, 1289 (Okl.Cr.1995), cert. denied, 516 U.S. 1077, 116 S.Ct. 784, 133 L.Ed.2d 735 (1996); Allen v. State, 871 P.2d 79, 91 (Okl.Cr.), cert. denied, 513 U.S. 952, 115 S.Ct. 370, 130 L.Ed.2d 322 (1994). After considering the entire record surrounding Coker's exclusion, and giving appropriate deference to the trial court, we find that Coker's responses sufficiently demonstrated that her beliefs about capital punishment would substantially impair her ability to serve as a juror. Accordingly, the trial court did not err in removing Coker for cause.
Appellant also complains that the trial court erred when it refused to allow defense counsel to rehabilitate Fitzl and Coker. Because proper questions were asked by the trial court to determine the prospective jurors' fitness to hear this case, no error occurred when the trial court refused defense counsel's request to rehabilitate Fitzl and Coker. Scott, 891 P.2d at 1290.
Finally, Appellant argues he was denied a fair trial and impartial jury because the trial court did not conduct voir dire of prospective jurors individually about their feelings concerning the imposition of a sentence of either life or life without parole. Appellant relies on Morgan v. Illinois, 504 U.S. 719, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992) and argues the trial court improperly restricted inquiry into whether the prospective jurors would automatically impose the death penalty and fail to consider the punishment options of life and life without parole.
Appellant cites the trial court's ruling during general voir dire in which the trial court advised defense counsel that it would not allow argument about the death penalty because the jurors had been death qualified. This ruling followed a colloquy between defense counsel and prospective juror Edgemon in which Edgemon said she could consider life and life without parole. Defense counsel then asked Edgemon if she believed the death...
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