State v. Yon
| Citation | 771 P.2d 925,115 Idaho 907 |
| Decision Date | 12 April 1989 |
| Docket Number | No. 17399,17399 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. David William YON Defendant-Appellant. |
| Court | Court of Appeals of Idaho |
William V. Brown, Coeur d'Alene, for defendant-appellant.
Jim Jones, Atty. Gen. by Michael A. Henderson, Deputy Atty. Gen., Boise, for plaintiff-respondent.
David William Yon stands convicted of second-degree murder. The three issues he has raised on appeal are: (1) whether the jury verdict was supported by substantial evidence; (2) whether the jury was prejudiced; and (3) whether the sentence imposed was excessive. We affirm the judgment of conviction, including the sentence imposed.
The facts are summarized briefly. The sheriff's office in Shoshone County received a telephone call from Yon requesting assistance. When the officers arrived at Yon's residence in Kellogg, they discovered the body of Joseph Bussell, Jr. Bussell had been shot to death. Yon was charged with second-degree murder. A jury found him guilty of that charge. Yon's subsequent motion for a judgment of acquittal was denied. The trial judge imposed an indeterminate twenty-year term of imprisonment.
On appeal, Yon first contends that the jury verdict was not supported by substantial evidence. Our review of this issue is limited in scope. We will not set aside a jury verdict if there is substantial evidence upon which any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Filson, 101 Idaho 381, 386, 613 P.2d 938, 943 (1980). Nor will we substitute "our judgment for that of the jury as to the credibility of witnesses, the weight of the testimony, and the reasonable inferences to be drawn from the evidence." State v. Campbell, 104 Idaho 705, 719, 662 P.2d 1149, 1163 (Ct.App.1983). Moreover, on appeal, we view the evidence in the light most favorable to the respondent. State v. Fenley, 103 Idaho 199, 646 P.2d 441 (Ct.App.1982).
At trial, Yon asserted that he killed Bussell in self-defense. He testified that Bussell threatened him with a gun and that there was a struggle. Yon claimed that during the struggle, the gun went off and Bussell was killed. However, the state presented evidence which contradicted this testimony. The physical evidence showed Bussell was looking away from the gun when it was shot and was probably sitting down or slouched. Bussell, a right-handed individual, did not have traces of steel on his right hand, as--according to testimony of an expert--would have been expected had Bussell approached Yon with a gun in his hand. Also, evidence suggested that Yon did not call for medical assistance until quite some time after the shooting. A test of Bussell's blood indicated that he had consumed large doses of a tranquilizer, which may have rendered him somnolent the night of the shooting. Finally, although Yon testified that his hand was scratched during the fight, no laceration was found on Yon's hands by the state's forensic examiner.
A jury, upon hearing this evidence, could reasonably infer that Yon's testimony was not credible with respect to his claim of self-defense. The jury's finding that he committed second-degree murder is supported by substantial evidence.
Yon next argues that the verdict should be vacated because the jury was prejudiced. He asserts that, during voir dire, a prospective juror commented on the possibility of a homosexual relationship between Yon and the victim. The juror stated:
I'm a Christian, and one of those things I know from reading the account in the paper, that there's been a homosexuality-type of atmosphere with this. And I have a real problem with that because of my religious conviction.
This juror was later dismissed on a peremptory challenge. However, Yon insists the juror's remark made the entire jury biased.
A challenge to a jury panel or an individual juror because of errors made during the jury selection process should be made before the jury is empaneled. See, e.g., State v. Ruybal, 102 Idaho 885, 643 P.2d 835 (Ct.App.1982). Yon did not challenge the jury panel before it was empaneled. Nor did he raise the issue of jury bias during the trial. It was only after the verdict was rendered that Yon contended the jury panel was prejudiced. His motion for judgment of acquittal on this ground did not present a timely challenge to the jury ...
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Safeco Ins. Co. of America v. Yon
...the jury rejected Yon's defense and found him guilty of second degree murder. We upheld that verdict on appeal. State v. Yon, 115 Idaho 907, 771 P.2d 925 (Ct.App.1989). At the time of the shooting, Yon was insured under a homeowner's policy issued by Safeco. Bussell's heirs filed a wrongful......
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Morris By and Through Morris v. Thomson
... ... These excused jurors, of course, present no issue on which Morris can appeal. With regard to the other jurors plaintiff failed to challenge, plaintiff waived all objections to them by passing them for cause. State v. Mitchell, 104 Idaho 493, 501, 660 P.2d 1336, 1344, cert. denied, 461 U.S. 934, 103 S.Ct. 2101, 77 L.Ed.2d 308 (1983); State v. Bitz, 93 Idaho 239, 243, 460 P.2d 374, 378 (1969); State v. Yon, 115 Idaho 907, 909, 771 P.2d 925, 927 (Ct.App.1989). Plaintiff has thus failed to preserve this issue ... ...
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