State v. Holland, No. 68314
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | RENDLEN |
| Citation | 719 S.W.2d 453 |
| Parties | STATE of Missouri, Respondent, v. Gary HOLLAND, Appellant. |
| Docket Number | No. 68314 |
| Decision Date | 18 November 1986 |
Page 453
v.
Gary HOLLAND, Appellant.
En Banc.
Holly Simons, Catherine Schroeder, St. Louis, for appellant.
William L. Webster, Atty. Gen., Lee A. Bonine, Asst. Atty. Gen., Jefferson City, for respondent.
RENDLEN, Judge.
Convicted by a jury of burglary in the second degree, § 569.170, RSMo 1978, defendant was sentenced as a persistent offender to ten years imprisonment and following affirmance by the Court of Appeals, Eastern District, we granted transfer and determine the cause as though on original appeal. Mo. Const. art. V, § 10. Defendant's sole claim of error is the trial court's alleged abuse of discretion in overruling challenges for cause directed toward two veniremen. The sufficiency of the evidence is not challenged, accordingly a brief recital of facts supportive of the verdict will suffice.
The burglar alarm at the American Academy of Dance studio located at 306 North Grand in the City of St. Louis, Missouri, sounded during the early morning hours of October 19, 1984. Local police were dispatched to the studio at about 12:43 a.m. One of the officers at the scene was standing at the corner of North Grand and Lindell streets watching the outside of the premises. A passing motorist yelled at the officer and, at this point, the officer saw defendant in midair as he had jumped from a second-story window of the studio. As defendant walked east on Lindell he was arrested by a second officer stationed on the north side of the studio building. There was evidence of forced entry and property inside the studio had been disturbed.
Turning to defendant's claim of trial court error in failing to strike two jurors for cause, we are mindful that the court has wide discretion in determining the qualifications of a prospective juror and its ruling will be disturbed on appeal only when it is clearly against the evidence and constitutes an abuse of discretion. State v. Hopkins, 687 S.W.2d 188, 189 (Mo. banc 1985). "In determining when a challenge for cause should be sustained, each case must be judged on its facts," id. at 190, and the relevant voir dire must of course be considered in its entirety. State v. Garrett, 627 S.W.2d 635, 642 (Mo. banc), cert. denied, 459 U.S. 906, 103 S.Ct. 208, 74 L.Ed.2d 166 (1982); see also, e.g., State v. Carter, 544 S.W.2d 334, 337 (Mo.App.1976); State v. Gordon, 543 S.W.2d 553, 555 (Mo.App.1976).
In the case at bar the following occurred during questioning of venireman Stein by defense counsel Schroeder:
MS. SCHROEDER: Same type of questions again. It is very important.
Page 454
If my client didn't take the stand, would you wonder why he didn't?VENIREMAN STEIN: Yes,...
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State v. Griffin, No. 69733
...for cause if he indicates that he might draw adverse inferences from a defendant's decision not Page 481 to testify. State v. Holland, 719 S.W.2d 453, 454-55 (Mo. banc 1986). However, a juror who expresses a personal opinion that a defendant should testify or present some evidence in his ow......
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State v. Walton, No. 72462
...cites several cases in support of his second point. The facts of those cases distinguish them from the present case. In State v. Holland, 719 S.W.2d 453 (Mo. banc 1986), a venireman indicated he would "have a hard time" following the court's instructions if the defendant did not t......
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State v. Edmonson, No. 17685
...In reviewing a trial court's ruling on a for-cause challenge to a venireman, each case must be judged on its own facts. State v. Holland, 719 S.W.2d 453 (Mo. banc 1986). A trial court's determination of a venireman's qualifications necessarily involves a judgment based on observation of the......
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State v. Anderson, Nos. 15489
...Griffin, 756 S.W.2d 475, 480-81 (Mo. banc 1988), cert. denied, 490 U.S. 1113, 109 S.Ct. 3175, 104 L.Ed.2d 1036 (1989); State v. Holland, 719 S.W.2d 453, 454-55 (Mo. banc 1986). However, a venireperson who expresses a personal opinion that a defendant should testify or present some evidence ......
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State v. Griffin, No. 69733
...for cause if he indicates that he might draw adverse inferences from a defendant's decision not Page 481 to testify. State v. Holland, 719 S.W.2d 453, 454-55 (Mo. banc 1986). However, a juror who expresses a personal opinion that a defendant should testify or present some evidence in his ow......
-
State v. Walton, No. 72462
...cites several cases in support of his second point. The facts of those cases distinguish them from the present case. In State v. Holland, 719 S.W.2d 453 (Mo. banc 1986), a venireman indicated he would "have a hard time" following the court's instructions if the defendant did not testify. Du......
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State v. Edmonson, No. 17685
...In reviewing a trial court's ruling on a for-cause challenge to a venireman, each case must be judged on its own facts. State v. Holland, 719 S.W.2d 453 (Mo. banc 1986). A trial court's determination of a venireman's qualifications necessarily involves a judgment based on observation of the......
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State v. Anderson, Nos. 15489
...Griffin, 756 S.W.2d 475, 480-81 (Mo. banc 1988), cert. denied, 490 U.S. 1113, 109 S.Ct. 3175, 104 L.Ed.2d 1036 (1989); State v. Holland, 719 S.W.2d 453, 454-55 (Mo. banc 1986). However, a venireperson who expresses a personal opinion that a defendant should testify or present some evidence ......