People v. Sandoval, 85SC340
| Decision Date | 17 February 1987 |
| Docket Number | No. 85SC340,85SC340 |
| Citation | 733 P.2d 319 |
| Parties | The PEOPLE of the State of Colorado, Petitioner, v. Robert SANDOVAL, Respondent. |
| Court | Colorado Supreme Court |
Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert M. Petrusak, Asst. Atty. Gen., Denver, for petitioner.
David F. Vela, Colorado State Public Defender, Peggy O'Leary, Deputy State Public Defender, Denver, for respondent.
In People v. Sandoval, 710 P.2d 1159 (Colo.App.1985), the Court of Appeals reversed the conviction of the defendant, Robert Sandoval, of the offense of manslaughter on the ground that the trial court's denial of the defendant's challenge for cause of a potential juror was erroneous and prejudicial. Having granted certiorari to review that decision, we reverse the judgment of the Court of Appeals and remand the case with directions to reinstate the judgment of conviction.
On Thanksgiving Day, 1982, the defendant attended a party at an apartment occupied by some of his friends. The day's activities included drinking beer and shooting at targets. The defendant participated in these activities and also engaged in arguments with other guests. That evening the defendant went to a bar across the street with others from the party. When he left the bar and began to walk toward his parked van, it was struck by three bullets apparently fired from the apartment.
The defendant went to the apartment and confronted the occupants, some of whom had left the bar before the defendant. The defendant accused them of shooting at his van and then left the apartment. He drove away, but soon returned, removed a chain saw from the van, and went into the apartment. A fight broke out, during which the defendant stabbed Arnold Botello with a knife. Botello died from the wounds.
Police officials were summoned. One of the officers who initially arrived at the scene testified at trial that when he asked those present what happened the defendant stated, "I stabbed him." Another investigating officer testified that the defendant stated that he had returned to the apartment "to cut them up" with his chain saw, that he could not start the saw and that he then got a knife from the kitchen and stabbed the victim. The defendant testified that he had returned to the apartment to seek reimbursement for the damages to his van and intended to use the saw to cut up furniture in the apartment if he were not repaid. The defendant also testified that the police officer's recollection of the conversation concerning the intended use of the chain saw was mistaken.
During the voir dire proceeding, a potential juror who had already been examined by counsel indicated to the trial court that he wished to discuss a matter that perhaps should be considered outside the presence of the other potential jurors. In view of the potential conflicts in the evidence, the attorneys for the People and for the defendant were aware that the jury's assessment of witness credibility would constitute an important aspect of the trial; for this reason, a relatively lengthy in camera proceeding to explore the matters raised by those comments was conducted. The potential juror volunteered that he had a great deal of respect for police officers; that his brother, a fireman, had several friends who were police officers; that while he did not socialize with any police officers, he felt they had no reason to testify falsely under oath; and that if several police officers said the same thing and their testimony was consistent, it would "take something mighty convincing" on the part of the defendant to convince him "otherwise." The potential juror also indicated that he would not believe something solely because a police officer testified to it, that he would subject all of the witnesses to the same test of credibility, and that he would do his best to follow the trial court's instructions regarding credibility.
The defendant requested that this person be excused from the jury panel for cause, which request was denied by the trial court. 1 The Court of Appeals reversed the judgment of conviction on the ground that the trial court abused its discretion in denying the challenge for cause.
Trial by an impartial jury is essential to a defendant's right to a fair trial. E.g., Irvin v. Dowd, 366 U.S. 717, 81 S.Ct. 1639, 6 L.Ed.2d 751 (1961); People v. Russo, 713 P.2d 356 (Colo.1986); Maes v. District Court, 180 Colo. 169, 503 P.2d 621 (1972). To ensure that the jury is impartial, the trial court must sustain a challenge for cause of a potential juror if there exists a "state of mind in the juror evincing enmity or bias toward the defendant or the state." § 16-10-103(1)(j), 8A C.R.S. (1986). However, if the court is satisfied that the potential juror will render a fair and impartial verdict according to the law and to the evidence submitted at trial, that person should not be disqualified. § 16-10-103(1)(j); Crim.P. 24(b)(1)(X).
Trial courts are afforded broad discretion in deciding whether to grant or deny a challenge for cause to a potential juror, and a decision denying such a challenge will be set aside only when the record discloses a clear abuse of that discretion. People v. Russo, 713 P.2d 356; People v. Wright, 672 P.2d 518 (Colo.1983); People v. Taggart, 621 P.2d 1375 (Colo.1981); People v. McKay, 191 Colo. 381, 553 P.2d 380 (1976). This standard recognizes that the trial judge is the only judicial officer able to assess fully the attitudes and state of mind of a potential juror by personal observation of the significance of what linguistically may appear to be inconsistent or self-contradictory responses to difficult questions. See People v. Russo, 713 P.2d 356; People v. Abbott, 690 P.2d 1263 (Colo.1984); People v. McCrary, 190 Colo. 538, 549 P.2d 1320 (1976); Beeman v. People, 193 Colo. 337, 565 P.2d 1340 (1977).
An expression of concern by a potential juror regarding some facet of the case or about jury service should not result in the automatic exclusion of such person for cause. People v. Taggart, 621 P.2d 1375. In some situations, the statements may simply reflect an honest effort to express feelings and convictions about matters of importance in an emotionally charged setting. It is the trial court's prerogative to give considerable weight to a potential...
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People v. Harlan, No. 95SA298.
...by potential jurors that "`may appear inconsistent or self-contradictory.'" Carrillo, 974 P.2d at 487 (quoting People v. Sandoval, 733 P.2d 319, 321 (Colo.1987)). However, our deference to the trial court's resolution of such statements is limited by the due process considerations set forth......
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Avoiding Error in Closing Argument
...455 U.S. 603 (1982). 34. Supra, note 30. 35. Id. at 611. 36. People v. Sandoval, 710 P.2d 1159 (Colo. App. 1985), rev'd on other grounds, 733 P.2d 319 (Colo. 1987). 37. Quintana, supra, note 30 at n.7; Hardiway, supra, note 6. 38. Hardiway, supra, note 6 at 427-28; United States v. Leonardi......