DeLeon v. Commonwealth
Decision Date | 25 June 2002 |
Docket Number | Record No. 1595-01-4. |
Citation | 38 Va. App. 409,565 S.E.2d 326 |
Parties | Cecilio DeLEON v. COMMONWEALTH of Virginia. |
Court | Virginia Court of Appeals |
Robert W. Gookin, Arlington, for appellant.
Virginia B. Theisen, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.
Present: BENTON and WILLIS, JJ., and HODGES, Senior Judge.
Cecilio DeLeon, appellant, was convicted of rape. He contends on appeal that the trial court abused its discretion in denying his motion to strike prospective juror Pamela Stout for cause. For the reasons that follow, we reverse the conviction and remand for a new trial.
During voir dire, the prosecutor asked the prospective jurors whether any of them had been the victim of rape or sexual assault or had a close friend or family member who had been the victim of such an offense. Stout replied that her sister-in-law had been raped in another state, but that she did not know the details of the offense. Stout indicated the case was not prosecuted. Stout then responded as follows to a series of questions:
No further inquires were made about the rape of Stout's sister-in-law or about Stout's ability to sit impartially in light of that event.
Appellant moved to strike Stout for cause, but the trial court denied the motion, finding that Stout stated she would listen to the evidence. The trial court further stated, "I think at this point she has not shown the kind of mind that would be a basis for cause and dismissal, although—at this point I'm not going to grant the strike for cause." Appellant struck the juror using a peremptory strike.
In Virginia, a defendant in a criminal case "is entitled to a panel of jurors free from exception before exercising peremptory challenges." Cressell v. Commonwealth, 32 Va.App. 744, 755, 531 S.E.2d 1, 6 (2000). "[A]ny reasonable doubt as to a juror's qualifications must be resolved in favor of the accused." Breeden v. Commonwealth, 217 Va. 297, 298, 227 S.E.2d 734, 735 (1976).
"On appellate review, we give deference to the trial court's determination whether to exclude a prospective juror, because the trial court was able to see and hear each member of the venire respond to the questions posed." Lovitt v. Commonwealth, 260 Va. 497, 510, 537 S.E.2d 866, 875 (2000), cert. denied, ___ U.S. ___, 122 S.Ct. 41, 151 L.Ed.2d 14 (2001). "Thus, we review a trial court's decision whether to strike a prospective juror for cause for an abuse of discretion and that ruling will not be disturbed on appeal unless appears from the record that the trial court's action constitutes manifest error." Cressell, 32 Va.App. at 755, 531 S.E.2d at 6. "In conducting our review, we consider the juror's entire voir dire, not merely isolated statements." Lovitt, 260 Va. at 510, 537 S.E.2d at 875.
"" David v. Commonwealth, 26 Va. App. 77, 81, 493 S.E.2d 379, 381 (1997) (citation omitted).
Upon reviewing the entire voir dire, we find that Stout's responses during voir dire failed to establish that s...
To continue reading
Request your trial-
Goodwin v. Commonwealth
...concerning juror impartiality should be resolved in favor of the accused." He cites this Court’s decision in DeLeon v. Commonwealth, 38 Va. App. 409, 565 S.E.2d 326 (2002), in support of his position. In DeLeon, the defendant, who was convicted of rape, challenged the trial court’s denial o......
-
Ramos v. Commonwealth
..."In conducting our review, we consider the juror’s entire voir dire , not merely isolated statements." DeLeon v. Commonwealth, 38 Va. App. 409, 412-13, 565 S.E.2d 326 (2002) (quoting Lovitt, 260 Va. at 510, 537 S.E.2d 866 ). A defendant in a criminal case in Virginia is entitled to a jury p......
-
Carter v. Commonwealth, Record No. 2948-06-4 (Va. App. 2/19/2008), Record No. 2948-06-4.
...on appeal unless it appears from the record that the trial court's action constitutes manifest error.'" DeLeon v. Commonwealth, 38 Va. App. 409, 412-13, 565 S.E.2d 326, 327 (2002) (quoting Cressell v. Commonwealth, 32 Va. App. 744, 755, 531 S.E.2d 1, 6 (2000)). "In conducting our review, we......
-
Fultz v. Commonwealth
...during voir dire created a reasonable doubt as to [his] qualification to serve as a fair and impartial juror." DeLeon v. Commonwealth, 38 Va.App. 409, 413 (2002). "The evidence used to show the requisite must emanate from the juror [him]self, unsuggested by leading questions posed to [him].......