Campbell v. State
| Citation | 547 N.E.2d 843 |
| Decision Date | 19 December 1989 |
| Docket Number | No. 45S00-8805-CR-495,45S00-8805-CR-495 |
| Parties | James CAMPBELL, Appellant, v. STATE of Indiana, Appellee. |
| Court | Supreme Court of Indiana |
Albert Marshall, Appellate Public Defender, Crown Point, for appellant.
Linley E. Pearson, Atty. Gen. of Indiana, Richard C. Webster, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant-Appellant James Campbell was found guilty following a jury trial in the Lake Superior Court on August 14, 1987, of two charges of Child Molesting, a Class C felony, and sentenced to six and one-half (6 1/2) years on each count, said terms to run consecutively.
Although several issues are raised in this direct appeal, we consider only one because we find it presents reversible error.
In support of his motion to correct error, defense counsel filed an affidavit stating that at 12:10 p.m. on August 10, 1987, during the voir dire and jury selection for Campbell's trial, the parties confronted prospective juror No. 25 who communicated strong and unyielding opinions regarding criminals. He indicated that he felt when people were convicted of crimes they should be excommunicated and totally separated from society by being placed on an island with a fence around it in the middle of an ocean; he specifically indicated that rapists should be put with rapists and other criminals with their kind. He further indicated he was personally involved with a petition, approximately six years previous to the jury selection, to have criminals expelled from the City of Gary, Lake County, Indiana, and participated in obtaining hundreds of names on a circulating petition espousing his views. He stated he personally does not like people who hurt children and old people. He also stated he was a college graduate, was a teacher, and that his views were unyielding and represented his philosophical view on punishment. The juror did state that he would be able to listen to the evidence and decide the guilt or innocence of the defendant based on the evidence presented. Campbell moved to strike the juror for cause and the trial court refused. Campbell then moved to continue and have the voir dire of the juror transcribed and the court again refused. Campbell was then required to use one of his peremptory challenges to remove the prospective juror. After Campbell had used all ten (10) of his peremptory challenges, he encountered another juror he wished to have removed since he did not feel a fair trial could be obtained from this juror. He moved the court to grant him an additional peremptory challenge to remove this prospective juror and the trial court refused.
Campbell concedes the stated authority in Indiana is that the trial judge has the inherent discretion to excuse prospective jurors, citing Morgan v. State (1981), 275 Ind. 666, 670, 419 N.E.2d 964, 967. However, on appeal, the trial court may be found to have abused its discretion when this authority is exercised in an illogical or arbitrary manner. Holt v. State (1977), 266 Ind. 586, 591, 365 N.E.2d 1209, 1211-12. Campbell also cites Ind.Code Sec. 35-37-1-5(a)(11), which states that good cause exists for challenging a prospective juror when he is biased or prejudiced against the defendant. Although this prospective juror indicated no personal prejudice to this defendant, his attitude can be interpreted to be prejudicial to all persons charged with a crime which, of course, included Campbell.
Although the juror did respond that he was willing to give Campbell a fair trial and listen to the evidence, this was less than convincing considering his very strong personal feelings and philosophies...
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Whiting v. State
...preserved claims of this nature. E.g., Ward, 908 N.E.2d at 596–98;McHenry v. State, 820 N.E.2d 124, 127 (Ind.2005); Campbell v. State, 547 N.E.2d 843, 843–44 (Ind.1989). Furthermore, that a preserved error is reversible only if the defendant shows that at least an objectionable juror served......
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