State v. Williams, No. 44127
| Court | Court of Appeal of Missouri (US) |
| Writing for the Court | CRIST; CRANDALL, P.J., and REINHARD |
| Citation | 643 S.W.2d 832 |
| Parties | STATE of Missouri, Respondent, v. Samuel WILLIAMS, Appellant. |
| Decision Date | 26 October 1982 |
| Docket Number | No. 44127 |
Page 832
v.
Samuel WILLIAMS, Appellant.
Eastern District, Division Three.
Motion for Rehearing and/or Transfer to
Supreme Court Denied Dec. 17, 1982.
Page 833
John Putzel, St. Louis, for appellant.
John Ashcroft, Atty. Gen., Priscilla Gunn, Asst. Atty. Gen., Jefferson City, for respondent.
CRIST, Judge.
Defendant was convicted by a jury of attempted robbery in the first degree. He was sentenced to seventeen years imprisonment as a persistent offender. On appeal, the seminal issue is a refusal of the trial court to sustain defendant's challenge for cause of a retired police department employee venireman. We reverse and remand.
Our standard of review was enunciated by the Missouri Supreme Court in State v. Treadway, 558 S.W.2d 646, 649 (Mo.banc 1977), cert. denied, 439 U.S. 838, 99 S.Ct. 124, 58 L.Ed.2d 135 (1978):
In determining the qualifications of a prospective juror, the trial court has very wide discretion, and the court's ruling will not be disturbed on appeal unless it is clearly against the evidence and constitutes a clear abuse of discretion .... All doubt should be resolved in favor of the trial court because he is in a far better position to determine a challenge for cause than an appellate court....
During the voir dire examination of the jury panel, venireman Brandt stated he, "had been employed by the police department for thirty-seven years as an Administrative Assistant in the Bureau of Inspections, a civilian employee position. His job concerned complaints lodged against police officers. He was the department notary. He had testified in court from time to time, exclusively for the police department. He indicated that in his experience in taking affidavits from complainants against police he had an inclination to take a police officer's word over someone else's."
The following colloquy occurred between the prosecutor and venireman Brandt:
Q. Now, knowing that there will be two police officers testifying in this case and again, we're going back to the same ideas, you may have strong feelings but can you set them aside and try your best to give both sides a fair trial?
A. I will try.
Q. Could you set that aside and give both sides a fair trial? A. (Shaking head.)
Q. You could? Thank you, sir.
* * *
* * *
Q. Mr. Brandt, let me ask you this. Irrespective to what has happened in the police department, you understand...
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Graham v. State, CR-15-0201
...331 So. 2d 848 (La. 1976) ; State v. Johnson, 324 So. 2d 349 (La. 1975) ; State v. Jones, 282 So. 2d 422 (La. 1973) ; State v. Williams, 643 S.W.2d 832, 834 (Mo. App. 1982). ‘A juror who will not be governed by the established rules as to the weight and effect of the evidence is incompetent......
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State v. Edmonson, No. 17685
...a juror. State v. Schnick, 819 S.W.2d 330, 333 (Mo. banc 1991); State v. Draper, 675 S.W.2d 863, 865 (Mo. banc 1984); State v. Williams, 643 S.W.2d 832, 834 (Mo.App.1982). Denial by a trial court of a legitimate request by an accused to excuse for cause a partial or prejudiced venireman con......
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Mason v. State, 1 Div. 647
...Thompson, 331 So.2d 848 (La.1976); State v. Johnson, 324 So.2d 349 (La.1975); State v. Jones, 282 So.2d 422 (La.1973); State v. Williams, 643 S.W.2d 832, 834 (Mo.App.1982). 'A juror who will not be governed by the established rules as to the weight and effect of the evidence is incompetent.......
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State v. Draper, No. 65816
...class--the bias of credibility contrary to the interest of the complainant-litigant disqualifies service as a juror. State v. Williams, 643 S.W.2d 832, 834 (Mo.App.1982); State v. Owens, 620 S.W.2d 448, 450 (Mo.App.1981). The trial court is accorded wide discretion in ruling on challenges f......
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Graham v. State, CR-15-0201
...331 So. 2d 848 (La. 1976) ; State v. Johnson, 324 So. 2d 349 (La. 1975) ; State v. Jones, 282 So. 2d 422 (La. 1973) ; State v. Williams, 643 S.W.2d 832, 834 (Mo. App. 1982). ‘A juror who will not be governed by the established rules as to the weight and effect of the evidence is incompetent......
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State v. Edmonson, No. 17685
...a juror. State v. Schnick, 819 S.W.2d 330, 333 (Mo. banc 1991); State v. Draper, 675 S.W.2d 863, 865 (Mo. banc 1984); State v. Williams, 643 S.W.2d 832, 834 (Mo.App.1982). Denial by a trial court of a legitimate request by an accused to excuse for cause a partial or prejudiced venireman con......
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Mason v. State, 1 Div. 647
...Thompson, 331 So.2d 848 (La.1976); State v. Johnson, 324 So.2d 349 (La.1975); State v. Jones, 282 So.2d 422 (La.1973); State v. Williams, 643 S.W.2d 832, 834 (Mo.App.1982). 'A juror who will not be governed by the established rules as to the weight and effect of the evidence is incompetent.......
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State v. Draper, No. 65816
...class--the bias of credibility contrary to the interest of the complainant-litigant disqualifies service as a juror. State v. Williams, 643 S.W.2d 832, 834 (Mo.App.1982); State v. Owens, 620 S.W.2d 448, 450 (Mo.App.1981). The trial court is accorded wide discretion in ruling on challenges f......