Buckner v. State
| Decision Date | 05 December 2006 |
| Docket Number | No. 49A02-0602-CR-150.,49A02-0602-CR-150. |
| Citation | 857 N.E.2d 1011 |
| Parties | Kevin BUCKNER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
Julie Ann Slaughter, Indianapolis, IN, Attorney for Appellant.
Steve Carter, Attorney General of Indiana, Ryan D. Johanningsmeier, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
Appellant-defendant Kevin Buckner appeals his convictions for Criminal Confinement,1 a class B felony, and Battery,2 a class C felony. Specifically, Buckner argues that his convictions must be reversed because the State failed to present legitimate racially neutral reasons for the exclusion of two African American jurors, that the trial court abused its discretion when it instructed the jurors that they could discuss the evidence prior to the conclusion of the case, and that the evidence was insufficient to support the convictions. Finding no error, we affirm the judgment of the trial court.
On October 4, 2005, Dama Woods was at Buckner's residence in Indianapolis. Woods began arguing with another woman who was at the house, and Buckner threatened to "tase" them with a stun gun unless they stopped yelling. Tr. p. 92. Woods eventually stopped the argument and left the residence.
Later that day, Woods returned to Buckner's house. Woods noticed that Buckner appeared "very angry," and he said "a lot of bad words." Id. at 94. At some point, Buckner accused Woods of stealing some of his rings. Buckner grabbed Woods's hair and began dragging her toward his garage. Buckner then used the stun gun on Woods, which made a "crackle" or "popping" sound when he used it. Id. at 95.
Thereafter, Buckner duct-taped Woods's hands and neck to a pole in his garage and began tasing her again. Id. at 100. Buckner also beat Woods with his fists. The stun gun shocks left marks on Woods's stomach where the prongs of the gun had contact with her skin, and Buckner's punches left bruises and multiple scratches on her body. At some point, Buckner untaped Woods's hands from behind the pole and taped them in front of her. When Buckner started to take Woods from the garage to his truck, Woods began to kick him. Additionally, a $10 bill fell out of Woods's pocket and landed on the ground. When Woods was inside of Buckner's vehicle, she was able to loosen the tape. She then jumped from the truck when Buckner approached a traffic light.
Woods was able to stop Indianapolis Police Officer Kimberlee Cook's vehicle. When Officer Cook approached, she noticed that Woods was "extremely distraught, frantic," and was crying and screaming. Tr. p. 49-51. Woods was then transported to a police station where Detective John Moore questioned her about the incident. Thereafter, Woods selected Buckner's picture from a photo array that Detective Moore showed to her.
On October 6, 2005, Buckner was charged with criminal confinement, two counts of battery, and criminal recklessness. During voir dire at the jury trial that commenced on January 5, 2006, it was revealed that one of the prospective jurors—Maxine Smith—had a close family friend that had been charged with murder. It was determined that another prospective juror—Sylvia Burse—had neglected to note on her juror questionnaire that her nephew had been charged with assaulting a police officer. Thereafter, the State exercised its peremptory challenges and sought to have both Burse and Smith excluded from the jury. Buckner objected, arguing that the State was attempting to strike both jurors merely because they were African Americans. The State responded that it was challenging Smith because the circumstances of having a close family friend charged with murder would affect her ability to impartially judge the evidence in the case. The State further argued that it sought to exclude Burse because her failure to fully disclose information that was requested in the juror questionnaire indicated deception. The trial court determined that Buckner had failed to show a prima facie case of racial discrimination because the State had not challenged two other African-American jurors that the defense had challenged, and that the State's reasons for striking both Smith and Burse were valid.
Before the evidence was presented, Buckner objected to the trial court's preliminary instruction, which indicated that the jurors could discuss the evidence during recesses in the jury room, but they were not permitted to form or express any opinions or reach any conclusion in the case until all of the evidence was presented.
In the end, the State dismissed the criminal recklessness charge, and Buckner was found guilty of criminal confinement and both counts of battery. At the sentencing hearing on January 20, 2006, the trial court merged the second battery count with the confinement conviction. As a result, Buckner was ordered to serve eighteen years for criminal confinement and six years on the remaining battery count, with the sentences to run concurrently. Buckner now appeals.
Buckner first contends that the State improperly exercised its peremptory challenges when it struck Smith and Burse from the jury. Specifically, Buckner argues that he is entitled to a new trial because the State failed to "present legitimate racially neutral reasons for the exclusion of the two African American jurors" in violation of the Fourteenth Amendment to the United States Constitution and Article One, Section 23 of the Indiana Constitution. Appellant's Br. p. 3.
In resolving this issue, we initially observe that the exercise of racially discriminatory peremptory challenges is constitutionally impermissible. Glover v. State, 760 N.E.2d 1120, 1125 (Ind.Ct.App.2002) (citing Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986)). To establish a prima facie case of purposeful racial discrimination in the use of peremptory challenges, a defendant must show: (1) that the prosecutor used peremptory challenges to remove members of a cognizable racial group from the jury pool; and (2) that the facts and circumstances raise an inference that the prosecutor used those strikes to exclude potential jury members from the jury because of their race. Brown v. State, 751 N.E.2d 664, 667 (Ind.2001). Once a prima facie case is established, the State must provide a race-neutral explanation for challenging the juror. Id. If the State's reason for the challenge, on its face, is based on something other than race, the explanation will be deemed race-neutral. Forrest v. State, 757 N.E.2d 1003, 1004 (Ind.2001). The trial court must then decide whether the defendant, as the opponent of the strike, has proven purposeful racial discrimination. Id. The decision as to whether a peremptory challenge is discriminatory is given "great deference" on appeal and will be set aside only if found to be clearly erroneous. Id.
In this case, the State first learned during voir dire that one of Smith's close friends had been charged with murder and that Burse's nephew had been charged with assaulting a police officer. Tr. p. 18-19, 20-21. As a result, the State exercised its peremptory challenges and moved to strike both jurors. While Buckner argues that the State sought to exclude both jurors solely on the basis of race, the evidence shows that Buckner challenged the remaining potential African American jurors. Hence, because the State did not remove all of the African Americans from the jury, we agree with the trial court's determination that Buckner failed to establish even a prima facie case of racial discrimination. Moreover, even assuming solely for argument's sake that Buckner did prove a prima facie case of racial discrimination, the evidence demonstrated that Burse did not accurately answer the juror questionnaire and that Smith had a close family friend who was charged with murder, which could have affected her ability to be an impartial judge of the evidence. Under these circumstances, it is apparent to us that the State presented sufficient race-neutral reasons for challenging the two potential jurors. In other words, there has been no showing that an inference may be drawn from these circumstances that the State's exclusion of Smith and Burse was based on race. Thus, Buckner's claim fails.
Buckner next claims that the trial court erred in instructing the jurors that they could discuss the evidence in the jury room during recesses. In essence, Buckner claims that permitting the discussion of the evidence is tantamount to premature deliberation that would improperly affect the final outcome of the case.
In resolving this issue, we first note that the purpose of an instruction is to inform the jury of the law applicable to the facts without misleading the jury and to enable it to comprehend the case clearly and arrive at a just, fair, and correct verdict. Overstreet v. State, 783 N.E.2d 1140, 1163 (Ind.2003). Instructing the jury is generally within the trial court's discretion and is reviewed only for an abuse of that discretion. Id. at 1163-64. Instructions are to be read together as a whole and we will not reverse for an instructional error unless the instructions, as a whole, mislead the jury. Blanchard v. State, 802 N.E.2d 14, 32 (Ind.Ct.App.2004). A defendant is entitled to a reversal if he affirmatively demonstrates that the instructional error prejudiced his substantial rights. Hero v. State, 765 N.E.2d 599, 602 (Ind.Ct.App. 2002). Finally, errors in the giving or refusing of instructions are harmless where a conviction is clearly sustained by the evidence and the jury could not properly have found otherwise. Stoltmann v. State, 793 N.E.2d 275, 281 (Ind.Ct.App. 2003).
In accordance with Indiana Pattern Jury Instruction 1.01, the trial court gave the following preliminary instruction:
During the trial there will be times when you will be allowed to separate, such as recesses,...
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