Campbell v. State
Campbell v. State
Opinion of the Court
Defendant-Appellant James Campbell was found guilty following a jury trial in the Lake Superior Court on August 14, 1987, of two charges of Child Molesting, a Class C felony, and sentenced to six and one-half (6V2) years on each count, said terms to run consecutively.
Although several issues are raised in this direct appeal, we consider only one because we find it presents reversible error.
In support of his motion to correct error, defense counsel filed an affidavit stating that at 12:10 p.m. on August 10, 1987, during the voir dire and jury selection for Campbell’s trial, the parties confronted prospective juror No. 25 who communicated strong and unyielding opinions regarding criminals. He indicated that he felt when people were convicted of crimes they should be excommunicated and totally separated from society by being placed on an island with a fence around it in the middle of an ocean; he specifically indicated that rapists should be put with rapists and other criminals with their kind. He further indicated he was personally involved with a petition, approximately six years previous
Campbell concedes the stated authority in Indiana is that the trial judge has the inherent discretion to excuse prospective jurors, citing Morgan v. State (1981), 275 Ind. 666, 670, 419 N.E.2d 964, 967. However, on appeal, the trial court may be found to have abused its discretion when this authority is exercised in an illogical or arbitrary manner. Holt v. State (1977), 266 Ind. 586, 591, 365 N.E.2d 1209, 1211-12. Campbell also cites Ind.Code § 35-37-l-5(a)(11), which states that good cause exists for challenging a prospective juror when he is biased or prejudiced against the defendant. Although this prospective juror indicated no personal prejudice to this defendant, his attitude can be interpreted to be prejudicial to all persons charged with a crime which, of course, included Campbell.
Although the juror did respond that he was willing to give Campbell a fair trial and listen to the evidence, this was less than convincing considering his very strong personal feelings and philosophies on the subject. He spoke so strongly of his disdain for those convicted of a crime, there is reason to fear he would visit these feelings on his guilt or innocence determination. This is particularly true of the crime of rape, as he expressed such strong feelings about rapists and Campbell stood charged with rape-related crimes.
While the particular prospective juror was excluded by the exercise of a peremptory challenge, Campbell was forced thereby to relinquish a challenge to which he otherwise would have been entitled. He exercised all of his allotted peremptory challenges and thereafter unsuccessfully attempted to use another.
Due process requires a fair and impartial jury. Holt, 266 Ind. at 590, 365 N.E.2d at 1211. See also Ind.Code § 35-37-1-5; Morgan, supra. The trial court’s action here denied Campbell the right to select a proper jury and the prejudice to Campbell was such that a new trial is warranted.
The trial court is reversed and a new trial is ordered.
Dissenting Opinion
dissenting.
Judicial discretion is conferred upon the trial judge in deciding upon challenges for cause because the judge has the opportunity to study the general appearance and demeanor of prospective jurors as they respond to voir dire questioning. Woolston v. State (1983), Ind., 453 N.E.2d 965; Butler v. State (1884), 97 Ind. 378, Stout v. State (1883), 90 Ind. 1. The trial judge here had a good opportunity to study Juror No. 25, as he revealed his strong prejudice against those who commit violent crimes in his city. Such revulsion against criminal acts, which is shared by most persons, cannot be per se disqualifying. Elliott v. State (1880), 73 Ind. 10. In support of the trial judge’s ruling, it is to be noted that
Reference
- Full Case Name
- James CAMPBELL, Appellant, v. STATE of Indiana, Appellee
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- 10 cases
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- Published