State v. Lovell
Citation | 506 S.W.2d 441 |
Decision Date | 11 March 1974 |
Docket Number | No. 57538,57538 |
Parties | STATE of Missouri, Respondent, v. James Edward LOVELL, Appellant. |
Court | United States State Supreme Court of Missouri |
John C. Danforth, Atty. Gen., Richard S. Paden, Dan Summers, Asst. Attys. Gen., Jefferson City, for respondent.
James Edward Lovell, appellant, in pro per.
Christopher Dye (The Legal Aid and Defender Society of Greater Kansas City), Kansas City, for appellant; Paul T. Miller, Executive Director, Willard B. Bunch, Chief Defender, Kansas City, of counsel.
HIGGINS, Commissioner.
James E. Lovell, charged with possession of burglar's tools, was convicted by a jury which assessed his punishment at three years' imprisonment. Sentence and judgment were rendered accordingly. § 560.115, RSMo 1969, V.A.M.S. (Appeal taken prior to January 1, 1972.)
Appellant contends first that he is entitled to a new trial on the ground the court erred in overruling his challenge for cause of a prospective juror which occurred during the voir dire examination:
* * *
A defendant is entitled to a full panel of qualified jurors before he makes peremptory challenges, and the court's discretion in ruling upon challenges for cause to prospective jurors will not be disturbed unless it is so manifestly against the record of the voir dire examination as to show an abuse of discretion. State v. Land, 478 S.W.2d 290, 292 (Mo.1972). In exercising this discretion, the decision of the trial court should rest upon the facts stated by the juror with reference to his state of mind and should not be allowed to depend upon the conclusions of the juror whether he could or would divest himself of a prejudice he admitted to exist in his mind. State v. Jones, 384 S.W.2d 554, 558 (Mo.1964).
The state of Mr. Black's mind as shown by his quoted answers is that he believed the hands of police officers were tied; that he might feel a defendant should have a greater burden in his own defense than that imposed upon him by the standard of reasonable doubt, and that he might have trouble adhering to that rule; that he would try to judge properly, but that he might be affected by his feelings, and they might remain in the back of his mind if he sat on the case. Only upon leading questions by the State's attorney and the court with respect to whether he knew of any reason why he could not give defendant a fair trial did he answer, 'I don't think so.' The only basis for the court's ruling is the conclusion or opinion of the juror himself, and the total examination shows doubt whether Mr. Black could have accorded defendant his right, a fair and impartial trial. With such doubt present, the trial court should have excused him upon defendant's challenge for cause; the failure to do so constitutes reversible error. State v. Spidle, 413 S.W.2d 509 (Mo.1967); State v. DeClue, 400 S.W.2d 50 (Mo.1966); State v. Land, supra.
In an effort to secure outright reversal, appellant contends the court erred in failing to sustain his motion for acquittal because the evidence was insufficient to support the verdict.
Patrolman Larry Jacks of the Kansas City Police Department arrested defendant and William Neighbors at about noon, February 26, 1971, at Ninth and Van Brunt, Kansas City, Jackson County, Missouri. Defendant was seated in the passenger side of a car borrowed by defendant from his ex-wife and being driven by Neighbors. At the time of arrest, Patrolman Jacks observed several tools, Exhibits 1--8, between defendant's feet on the floorboard of the car. Exhibit 1 was identified as a three-inch screwdriver which could be adapted for prying loose facings of windows, or to pry around a lock, or as a jimmy. It was bent from prying. Exhibit 2 was a four-inch screwdriver, useful along the same lines as Exhibit 1, but better...
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State v. Brandolese
...banc 1992). "A defendant is entitled to a full panel of qualified jurors before he [or she] makes peremptory challenges...." State v. Lovell , 506 S.W.2d 441, 443 (Mo. banc 1974). "[E]rrors in the exclusion of potential jurors should always be on the side of caution." State v. Walton , 796 ......
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State v. Chambers
...S.W.2d 486, 489 (Mo.1972), where the complaint was noted to have been 'frequently raised and found not meritorious.' See also State v. Lovell, 506 S.W.2d 441 (Mo. banc 1974). United States v. Atkins, 487 F.2d 257 (8th Cir. 1973), considered this matter with some favor, disapproving 'the alt......
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State v. Johnson
...to the trial court and was not preserved for review in the motion for a new trial as required by Rule 27.20(a), RSMo 1969. State v. Lovell, 506 S.W.2d 441, 445(7) (Mo. banc 1974). It need not be considered on Defendant correctly points out that statements obtained in violation of the rules ......
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State v. Pride
...a legitimate request by an accused to excuse for cause a partial or prejudiced venireman constitutes reversible error, e. g., State v. Lovell, 506 S.W.2d 441, 444 (Mo. banc 1974); State v. DeClue, 400 S.W.2d 50, 57 (Mo.1966). It is the duty of the trial judge to determine whether a challeng......