Brown v. People, No. 17769
| Docket Nº | No. 17769 |
| Citation | 132 Colo. 561, 291 P.2d 680 |
| Case Date | December 05, 1955 |
| Court | Supreme Court of Colorado |
Page 680
v.
The PEOPLE of the State of Colorado, Defendant in Error.
Rehearing Denied Jan. 16, 1956.
[132 Colo. 562]
Page 681
Isaac Mellman, Gerald N. Mellman, Denver, for plaintiff in error.Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., for defendant in error.
CLARK, Justice.
[132 Colo. 563] This is a habeas corpus proceeding. The petitioner is defendant in a criminal action pending in the district court wherein he is charged in the information with the crime of murder. The cause was once tried resulting in a jury verdict finding the defendant guilty as charged and recommending the death penalty. Upon review by this Court, because of grievous and prejudicial error appearing in the record of the trial proceeding, the judgment was reversed and the case remanded with direction that a new trial be had. Brown v. People, 130 Colo. 77, 273 P.2d 128.
The cause came regularly on for retrial on May 2, 1955. All of that day and until the afternoon of the next day was consumed in the examination and selection of a jury which was accepted by both sides after each had exercised ten peremptory challenges. Thereupon the jury was sworn to try the issues in the case and recess was had until the morning of Wednesday, May 4th. Prior to the hour fixed for convening of Court on that date, the trial judge, having been informed of conduct on the part of the division clerk, which, to the judge, seemed irregular, conducted a personal investigation from which he became convinced beyond all reasonable doubt that his division clerk, at the suggestion of a superior officer in the clerical department at the commencement of the selection of the jury, had willfully and deliberately placed the ticket bearing the name of one of the veniremen on that panel in a position in the jury box where it would not be drawn. Although the venireman was present and available for drawing and service upon said jury, his name, because of the action of the division clerk, as aforesaid, could not have been drawn, was not drawn, and he did not become available for voir dire examination or service, notwithstanding the duty of the clerk to draw from his box the names of prospective jurors at random and without selection.
The trial judge, having established the existence of such irregularity to his complete satisfaction, then called [132 Colo. 564] into chambers counsel representing the defendant as well as those from the district attorney's office representing the people, and disclosed to them the situation which he had discovered and investigated. After a full discussion of the matter all counsel announced themselves as willing to waive the irregularity and to proceed with the trial before the jury then impanelled, except that counsel representing the defendant expressed doubt of their legal authority to so waive. The trial judge, also being doubtful of the authority of counsel for defendant to waive under such circumstances, being certain of his facts and deeming the irregularity to be of an important and grave character, proceeded to open court and on his own motion directed a mistrial, discharged the jury and remanded the defendant to the custody of the sheriff.
Shortly after the occurrence of the events above referred to, defendant Brown, upon presentation of petition to the district court, procured a writ of habeas corpus returnable upon the 16th day of May, 1955. By his petition defendant prayed for his discharge because of alleged former jeopardy in that the jury had been selected and sworn for his second trial and that the action of the court in declaring mistrial and discharging the jury was unnecessary and improper. Upon return of the writ, hearing was had on May 31, 1955 before the same judge who had presided in the proceedings first above related.
Following the conclusion of the hearing and presentation of arguments on petition for habeas corpus the trial judge entered extensive findings and judgment, the same being rather in the nature of an opinion, in which he recites all of the circumstances above related; dismissed the writ
Page 682
of habeas corpus, and remanded the petitioner to the custody of the sheriff.To better understand the seriousness with which the trial judge regarded the problem before him we erfer rather extensively to his findings and opinion, quoting [132 Colo. 565] parts and summarizing others. After relating the factual background the trial court said:
'We conceive the sole question to be determined now, under this Writ, to be whether the discharge of the...
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State v. Cypher, No. 9749
...v. United States, supra; United States v. Perez, supra; see Kelly v. People, 121 Colo. 243, 250, 215 P.2d 336 (1950); Brown v. People, 132 Colo. 561, 291 P.2d 680 (1955); State v. Betts, 5 Ariz.App. 256, 425 P.2d 444 (1967); 15 Am.Jur. 76; State v. Farmer, 48 N.J. 145, 224 A.2d 481 In the c......
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People v. Segovia, No. 08SA164.
...to either, both, or any, of the parties to the proceeding.'" People v. Castro, 657 P.2d 932, 942 (Colo.1983) (quoting Brown v. People, 132 Colo. 561, 569, 291 P.2d 680, 684 (1955)). The General Assembly has listed a number of circumstances where a mistrial is justified. § 18-1-301(2)(b), C.......
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People v. Castro, No. 81SA103
...except under circumstances where the refusal to do so would constitute reversible error. E.g., Falgout v. People, supra; Brown v. People, 132 Colo. 561, 291 P.2d 680 (1955). Nor is the trial court constitutionally required to make explicit findings on manifest necessity. E.g., Arizona v. Wa......
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People v. Moody, No. 80SA168
...622 (1978); People v. Sexton, 192 Colo. 81, 555 P.2d 1151 (1976); People v. Lowe, 184 Colo. 182, 519 P.2d 344 (1974); Brown v. People, 132 Colo. 561, 291 P.2d 680 (1955); Kelly v. People, 121 Colo. 243, 215 P.2d 336 Although a criminal defendant has a constitutional right to defend himself,......
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State v. Cypher, No. 9749
...v. United States, supra; United States v. Perez, supra; see Kelly v. People, 121 Colo. 243, 250, 215 P.2d 336 (1950); Brown v. People, 132 Colo. 561, 291 P.2d 680 (1955); State v. Betts, 5 Ariz.App. 256, 425 P.2d 444 (1967); 15 Am.Jur. 76; State v. Farmer, 48 N.J. 145, 224 A.2d 481 In the c......
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People v. Segovia, No. 08SA164.
...to either, both, or any, of the parties to the proceeding.'" People v. Castro, 657 P.2d 932, 942 (Colo.1983) (quoting Brown v. People, 132 Colo. 561, 569, 291 P.2d 680, 684 (1955)). The General Assembly has listed a number of circumstances where a mistrial is justified. § 18-1-301(2)(b), C.......
-
People v. Castro, No. 81SA103
...except under circumstances where the refusal to do so would constitute reversible error. E.g., Falgout v. People, supra; Brown v. People, 132 Colo. 561, 291 P.2d 680 (1955). Nor is the trial court constitutionally required to make explicit findings on manifest necessity. E.g., Arizona v. Wa......
-
People v. Moody, No. 80SA168
...622 (1978); People v. Sexton, 192 Colo. 81, 555 P.2d 1151 (1976); People v. Lowe, 184 Colo. 182, 519 P.2d 344 (1974); Brown v. People, 132 Colo. 561, 291 P.2d 680 (1955); Kelly v. People, 121 Colo. 243, 215 P.2d 336 Although a criminal defendant has a constitutional right to defend himself,......