State v. Jenkins, 81,943.
| Decision Date | 02 June 2000 |
| Docket Number | No. 81,943.,81,943. |
| Citation | 269 Kan. 334,2 P.3d 769 |
| Parties | STATE OF KANSAS, Appellee, v. WALTER JENKINS, Appellant. |
| Court | Kansas Supreme Court |
Ralph J. DeZago, of Herington, argued the cause and was on the brief for appellant.
Terra D. Morehead, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.
The opinion of the court was delivered by
Defendant appeals a conviction of second-degree murder, raising several issues. The single issue we will discuss is the defendant's claim that a juror's failure to answer the questions of her qualifications honestly deprived the defendant of his rights to a fair trial. We have reviewed the other issues raised by the defendant and find no error on those issues.
At approximately 5:15 a.m. on November 6, 1996, the partially nude body of a female was discovered outside an apartment complex in Wyandotte County, Kansas. When the paramedics arrived, they determined the woman had no heart activity. The paramedics began resuscitation efforts, but these were unsuccessful.
Jenkins was charged with premeditated first-degree murder. The jury trial began on February 9, 1998. After the evidence had been submitted, the judge determined that there was no evidence of premeditation and refused to instruct on premeditated first-degree murder. The judge instructed the jury on intentional second-degree murder, unintentional second-degree murder, voluntary manslaughter, and involuntary manslaughter. Jenkins was convicted of intentional second-degree murder.
During voir dire of the prospective jurors, the prosecutor and the defense attorney asked numerous questions regarding the prospective jurors' knowledge of the case, the witnesses, the area where the crime was committed, and their experiences with the court system. The prospective jurors' responses were followed up by more specific questions, and the responses served as the basis for qualifying or excluding the prospective jurors. After the defendant's conviction, the defense counsel filed a motion for new trial and was given permission from the judge to obtain an affidavit of a juror, M.M.A.
In the affidavit, M.M.A. states that when she was asked if she recognized the name of the victim, she did not recognize the name. However, after the trial had commenced and the jury was shown a picture of the victim, M.M.A. realized that she was familiar with the victim and had met the victim on numerous occasions. M.M.A. believed that the victim and her associates were heavy drinkers, consumed illegal drugs, "ran the streets," were unemployed, and were "street people."
M.M.A. was also asked in voir dire if she recognized the name of Maurice Hill, a witness for the State. She did not recognize the name. However, when Hill entered the courtroom, M.M.A. recognized him as a man she had seen on numerous occasions. M.M.A. stated that she knew that Hill was generally considered a "sugar daddy," often had younger female companions with him, and was a heavy drinker and possible user of illegal drugs.
When asked during voir dire of the jury panel if she recognized the name of Mickey Whisonant, another State's witness, she did not recognize the name. However, when Whisonant entered the courtroom, M.M.A. recognized him as someone she had often seen on the streets and she was aware that Whisonant had had an eyesight problem since childhood.
M.M.A. also stated that, contrary to her representations to the attorneys, her only son had been murdered in Wyandotte County, Kansas, in 1993. During the investigation and prosecution of her son's murder, M.M.A. had numerous contacts with detectives William K. Smith and Michael Shomin. She found the detectives to be extremely helpful in making sure that her son's murderer was successfully prosecuted. M.M.A. did not disclose her prior contact with the officers during voir dire of the jury panel, and both officers were witnesses in Jenkins' trial.
Finally, M.M.A. also admitted that she was familiar with the area where the victim's body had been found and was aware that area was known for drug activities.
In determining whether to grant or deny Jenkins' request for a new trial, the judge observed that M.M.A. stated in her affidavit that she did not disclose the information because she did not believe it was important. Based on this statement, the judge concluded that M.M.A.'s knowledge and experience did not affect her ability to be a fair and impartial juror. The trial judge found that Jenkins had not met his burden to demonstrate prejudice and denied the motion for new trial.
The Sixth Amendment to the United States Constitution guarantees that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury.
Jenkins contends that he is entitled to a new trial because M.M.A.'s failure to honestly answer the juror qualification questions deprived him of the opportunity to challenge the juror for cause or to exercise a preemptory challenge to exclude M.M.A. from the jury. The State contends that Jenkins is not entitled to a new trial because he has failed to show that his rights were substantially prejudiced.
The resolution of the issue depends largely on the standard of review. Jenkins relies on Kerby v. Hiesterman, 162 Kan. 490, 178 P.2d 194 (1947), for the following standard:
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State v. Smith-Parker
...voting position. Our review of a district judge's decision on a motion to recall is limited to abuse of discretion. State v. Jenkins, 269 Kan. 334, 338, 2 P.3d 769 (2000).“However, ‘[i]f a defendant's constitutional right has been violated during a trial, a judge's discretion to deny a moti......
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Beyrer v. Mule, LLC
..., 57 Kan. App.2d 392, 400-01, 450 P.3d 834, 841 (2019).51 King , 57 Kan. App.2d at 403, 450 P.3d at 842 (citing State v. Jenkins , 269 Kan. 334, 338-39, 2 P.3d 769 (2000) ; Kerby , 162 Kan. at 496, 178 P.2d at 198-99 ; Bell v. State , 46 Kan. App.2d 488, 494, 263 P.3d 840, 844-45 (2011) ).5......
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State v. Cook
...v. Kleypas, 272 Kan. 894, 968, 40 P.3d 139 (2001), cert. denied 537 U.S. 834, 123 S.Ct. 144, 154 L.Ed.2d 53 (2002); State v. Jenkins, 269 Kan. 334, 338, 2 P.3d 769 (2000). We note that there are varying statements of the appropriate test for abuse of discretion. In Kleypas, this court state......
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Williams v. Lawton, 97,132.
...is within the sound discretion of the district judge. State v. Kirkpatrick, 286 Kan. 329, 351, 184 P.3d 247 (2008); State v. Jenkins, 269 Kan. 334, 338, 2 P.3d 769 (2000); State v. Macomber, 244 Kan. 396, 407, 769 P.2d 621, cert. denied 493 U.S. 842, 110 S.Ct. 130, 107 L.Ed.2d 90 (1989), ov......
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Appellate Decisions
...Ruebke, 240 Kan. 493 (1987), of just cause to recall jurors. Case is analogous to State v. Hopkins, 257 Kan. 723 (1995). State v. Jenkins, 269 Kan. 334 (2000), is distinguished. Even if an individually immaterial Brady error is assumed, and combined with a single-sentence individually harml......