State v. Kayser, s. 43754
Decision Date | 10 August 1982 |
Docket Number | Nos. 43754,44502,s. 43754 |
Citation | 637 S.W.2d 836 |
Parties | STATE of Missouri, Respondent, v. Robert KAYSER, and Thomas Kayser, Appellants. |
Court | Missouri Court of Appeals |
Joseph Westhus, Clayton, for appellants.
John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George R. Westfall, Pros. Atty., Clayton, for respondent.
Consolidated appeals from a jury conviction as to each defendant in a consolidated trial for second degree burglary, § 569.170, RSMo. 1978, and stealing, § 570.030, RSMo. 1978. Robert Kayser was sentenced to concurrent prison terms of three and four years respectively. The trial court found Thomas Kayser a persistent offender and sentenced him to consecutive prison terms of fifteen years for each offense. Defendants assert error in the trial court's refusal to sustain their challenge for cause to a member of the jury panel. We reverse and remand for a new trial.
During voir dire, the assistant prosecuting attorney questioned Mr. Dale E. English, a Federal Postal Inspector, as to his relationship with F.B.I. Special Agent Thomas Fox, expected to be a prosecution witness:
VENIREMAN NO. 13 (Dale E. English): I know Thomas Fox.
English was also questioned by defense counsel:
As the trial court refused to sustain defendants' challenge for cause of English, defendants utilized a peremptory strike to remove English from the jury.
It is well-settled that a defendant in a criminal trial has the right to a complete panel of qualified jurors before he is obliged to make peremptory challenges and the failure of the trial court to excuse for cause a rightfully challenged venireperson is reversible error. State v. Reynolds, 619 S.W.2d 741, 749 (Mo. 1981). It is first up to the trial court to ascertain whether the venireperson is qualified. In making this determination the trial court is...
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State v. Vinson
...her from considering objectively the evidence in this case. Vinson cites State v. Land, 478 S.W.2d 290 (Mo.1972), and State v. Kayser, 637 S.W.2d 836 (Mo.App.1982), for the proposition that the trial court cannot base its ruling on the venirepersons' subjective claims that they will be obje......