Grimes v. McAnulty, 95-SC-745-MR
| Decision Date | 02 October 1997 |
| Docket Number | No. 95-SC-745-MR,95-SC-745-MR |
| Parties | Christina M. GRIMES, Appellant, v. William E. McANULTY, Judge, Jefferson Circuit Court, Appellee, and Commonwealth of Kentucky, Real Party in Interest. |
| Court | United States State Supreme Court — District of Kentucky |
Richard Heideman, The Heidman Law Group, P.C., Washington, for Appellant.
A.B. Chandler III, Attorney General, C. Lloyd Vest II, Assistant Attorney General, Frankfort, McKay Chauvin, Louisville, for Appellee.
Appellant, Christina Grimes, appeals as a matter of right from an order of the Court of Appeals denying her petition for a writ of prohibition. In her petition, Appellant seeks to prevent a retrial of her murder indictment on the grounds of double jeopardy. After hearing oral arguments and reviewing the record, we affirm the Court of Appeals.
James Grimes was shot to death in his home in Jefferson County on July 2, 1992. His wife, Appellant, was accused of causing his death and was charged with murder. A trial by jury was held in the Jefferson Circuit Court from July 12 through July 22, 1994. Appellant was the last witness to testify in her defense. At the conclusion of her direct examination the Commonwealth moved for a mistrial and, over the objection of Appellant, the motion was granted. When the trial judge proposed to schedule a new trial date, Appellant petitioned the Court of Appeals for a writ of prohibition, claiming retrial would cause her "for the same offense to be twice put in jeopardy of life and limb." U.S. Const. amend. V; Ky. Const. § 13. The Court of Appeals denied the petition and Appellant appealed to this Court as a matter of right. Ky. Const. § 115.
A writ of prohibition is akin to mandamus, which may only be granted when no other adequate remedy by appeal exists and, absent relief, a great injustice will occur. Haight v. Williamson, Ky., 833 S.W.2d 821 (1992), cert. denied, 507 U.S. 925, 113 S.Ct. 1296, 122 L.Ed.2d 687 (1993). In Macklin v. Ryan, Ky., 672 S.W.2d 60 (1984), this Court established that such a writ is appropriate when an accused is seeking protection from a retrial when a mistrial was inappropriately ordered. "Since a mistrial, by definition, does not dispose of the merits of a case or necessarily preclude future litigation, the appellant did not have an adequate remedy by appeal from the mistrial order." Id. at 61.
The constitutional proscription against double jeopardy protects citizens inter alia from being prosecuted again for an offense for which a former prosecution resulted in either an acquittal or a conviction which has not been subsequently set aside. KRS 505.030(1). If, as here, the former prosecution was terminated by mistrial after the first witness was sworn and before the verdict was rendered, a retrial is precluded if the mistrial was granted without the defendant's consent and in the absence of a manifest necessity to do so. KRS 505.030(4); Nichols v. Commonwealth, Ky., 657 S.W.2d 932 (1983), cert. denied, 465 U.S. 1028, 104 S.Ct. 1289, 79 L.Ed.2d 691 (1984).
The concept of "manifest necessity" was first enunciated in United States v. Perez, 22 U.S. (9 Wheat.) 579, 580, 6 L.Ed. 165 (1824). It recognizes the right of a defendant to have a trial completed by a particular tribunal which has been duly and legally selected to try him. Wade v. Hunter, 336 U.S. 684, 689, 69 S.Ct. 834, 837, 93 L.Ed. 974 (1949); Baker v. Commonwealth, 280 Ky. 165, 132 S.W.2d 766, 768 (1939). "[I]n the final analysis, the judge must always temper the decision whether or not to abort the trial by considering the importance to the defendant of being able, once and for all, to conclude his confrontation with society through the verdict of a tribunal he might believe to be favorably disposed to his fate." United States v. Jorn, 400 U.S. 470, 486, 91 S.Ct. 547, 557-58, 27 L.Ed.2d 543 (1971). The most common example of "manifest necessity" to grant a mistrial is when a jury is deadlocked and unable to reach a verdict. E.g., Skaggs v. Commonwealth, Ky., 694 S.W.2d 672 (1985), cert. denied, 476 U.S. 1130, 106 S.Ct. 1998, 90 L.Ed.2d 678 (1986); Nichols v. Commonwealth, supra; Commonwealth v. Crooks, Ky., 655 S.W.2d 475 (1983). However, it has also been found to exist when the defendant introduces improper evidence which prejudices the Commonwealth's right to a fair trial. Chapman v. Richardson, Ky., 740 S.W.2d 929 (1987); Stacy v. Manis, Ky., 709 S.W.2d 433 (1986).
In reviewing a decision to grant a mistrial, the trial court must have a measure of discretion. "The interest in orderly, impartial procedure would be impaired if he were deterred from exercising that power by a concern that at any time a reviewing court disagreed with his assessment of the trial situation a retrial would automatically be barred." Arizona v. Washington, 434 U.S. 497, 513, 98 S.Ct. 824, 834, 54 L.Ed.2d 717 (1978). Furthermore, "[t]he adoption of a stringent standard of appellate review in this area ... would seriously impede the trial judge in the proper performance of his 'duty, in order to protect the integrity of the trial....' " Id. (Quoting United States v. Dinitz, 424 U.S. 600, 612, 96 S.Ct. 1075, 1082, 47 L.Ed.2d 267 (1976)).
There are compelling institutional considerations militating in favor of appellate deference to the trial judge's evaluation of the significance of possible juror bias. He has seen and heard the jurors during voir dire examination. He is the judge most familiar with the evidence and the background of the case on trial. He has listened to the tone of the argument as it was delivered and has observed the apparent reaction of the jurors. In short, he is far more "conversant with the factors relevant to the determination" than any reviewing court can possibly be.
Washington, supra, at 513, 98 S.Ct. at 834 (quoting Wade, supra, at 687, 69 S.Ct. at 836).
Because a constitutionally protected interest is inevitably affected by any mistrial decision, the trial judge must exercise "sound discretion" in declaring a mistrial. Perez, supra.
In his written order, the trial judge explained that there was a manifest necessity to discharge the jury because of the introduction by Appellant of voluminous evidence of the victim's prior acts of domestic violence and abuse directed against Appellant and her children. The judge stated that the admissibility of such evidence was conditionally predicated upon a showing that Appellant acted in self-defense. KRS 503.050(3). However, at the close of Appellant's testimony the court concluded that Appellant had only established that the shooting was accidental, and thus was not entitled to introduce evidence of the victim's prior bad acts.
This Court could not have required the defendant to disclose her ultimate testimony prior to taking the witness stand nor could this Court have required her to testify prior to offering any other proof. However, having now testified that she did not intend to fire the gun, i.e. it was an accident, the entire offer of proof of specific acts of domestic violence, not only becomes irrelevant, but inflammatory. The Court, prior to defendant's presentation of her defense, could not have precluded her offer. However, at this point having heard her testimony the Court now finds that her offer of proof in support of self defense was a subterfuge to avoid the restrictions on character evidence otherwise applicable.
The Court concluded that the admission of the evidence was prejudicial to the Commonwealth, in that it conveyed to the jury that the "victim deserved to die", and therefore no remedy other than a mistrial was adequate.
Thus, in deciding whether a manifest necessity did, in fact, exist to justify a mistrial in this case, we must necessarily decide whether the evidence presented at trial would have supported an instruction on self-protection. Specifically, is an accused entitled to the defense of self-protection notwithstanding her testimony that the victim's death was the result of the unintended discharge of a weapon?
Appellant relies primarily on this Court's decision in Pace v. Commonwealth, Ky., 561 S.W.2d 664 (1978). In Pace, the defendant was indicted for the shooting death of her husband. The defendant testified at trial that she and her husband were fighting over the gun when it accidentally discharged. She further testified that the victim had threatened to kill her and her daughter. The trial court refused to give a self-defense instruction in light of defendant's testimony of the accidental discharge. This Court reversed the conviction, holding that despite defendant's testimony of accident, where other evidence is introduced indicating the defendant could have also acted in self-defense a self-defense instruction is warranted. Id. at 667.
We perceive marked differences between Pace and the present case. Notably, although the defendant in Pace testified that the shooting was accidental, other testimony presented established that prior to the incident, defendant had told a relative that she had thrown a glass at the victim during an argument and "If he keeps on, I'm going to kill him." Further, the defendant had initially informed authorities that the victim killed himself. Thus, despite the defendant's ultimate testimony that the shooting was accidental, other evidence presented at trial supported the possibility that she intentionally shot her husband.
Here, we find nothing in the testimony and evidence presented to support a finding that Appellant intentionally shot her husband. During voir dire, defense counsel informed the jury that Appellant's defense would be accident. During opening statements, counsel again stated that Appellant was a "victim of accident." In the 911 tape which was introduced, Appellant said, "I just shot my husband ... on accident." EMS tapes, which were also introduced, contained Appellant's statements that "He told me to shoot him", "I didn't know it was loaded", and "I didn't mean...
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State v. Gallegos
...to, the consequences of one's actions. Id. at 480; accord State v. Godfrey, 37 N.C.App. 452, 246 S.E.2d 156 (1978); Grimes v. McAnulty, 957 S.W.2d 223 (Ky.1997). {12} We decline to follow this authority. It is entirely plausible that a person could act intentionally in self-defense and at t......