State v. Dominick Stanin, Sr.
State v. Dominick Stanin, Sr.
Opinion
The defendant, Dominick Stanin, Sr., appeals his conviction following a jury trial in Superior Court ( Ruoff , J.) for first degree assault, see RSA 631:1, I(b) (2016), robbery, see RSA 636:1, I(a), III(a) (2016), and being a felon in possession of a deadly weapon, see RSA 159:3, I(a) (2014). On appeal he argues that the evidence was insufficient to convict him of robbery, and that the trial court erred when it did not individually question each juror about the impact that a photograph-which had not been admitted into evidence, but which was visible in the defense counsel's file-had on that juror's ability to render an impartial verdict. We affirm.
The jury could have found the following facts. On August 14, 2014, the defendant and his adult son entered their housemate's bedroom and stabbed him with a knife that the victim described as "kind of like a triangle, kind of [a] wedged type thing, with a handle on it." During the assault, the defendant told his son to "do something, do something." Thereafter the victim felt someone reach into his pockets, causing his money, phone, and keys to spill onto the floor. Neighbors called an ambulance and the victim was taken to the hospital. When the victim returned home later that day after receiving treatment for two broken ribs and multiple stab wounds, he noticed that the money, phone, and keys that had previously been in his pockets were missing from his room.
The victim identified the defendant in a photo line-up. The police subsequently arrested the defendant and charged him with first degree assault, robbery, and being a felon in possession of a deadly weapon. After a three-day jury trial, the defendant was convicted on all charges.
As the jury began its deliberations, Juror 9 asked to address the court. She said that she had seen a photograph in defense counsel's file of "the weapon in question" that she "obviously wasn't supposed to see." Outside of the presence of the juror, the court and the lawyers identified the photograph as an image of a knife. A detective had downloaded the photograph from the internet, believing that the image matched the description of the weapon used in the assault. The State disclosed the photograph to defense counsel; however, it had not been admitted into evidence at trial.
In response to questioning from the trial judge, Juror 9 assured the court that she would base her verdict solely on the evidence *893 presented during trial. She told the court that other jurors may have seen the photograph. The court instructed the juror to let it know if other jurors mentioned the photograph during deliberations.
Less than an hour later, Juror 9 reported to the court that other jurors were discussing the photograph, and that one juror had stated that defense counsel had displayed the photograph "almost deliberately, for the jury to see." Defense counsel then moved for a mistrial, arguing that the jury was "using evidence that was not admitted [and drawing] ... an adverse inference against the Defense attorney for inadvertently exposing [the photograph] to them, which is prejudicial to [the defendant]." The court did not rule on the motion; rather it stated that the jury's exposure to the photograph did not "fall[ ] into the realm of juror misconduct," and that any resulting prejudice could be cured by an instruction. Defense counsel then asked the court to individually question each juror regarding what he or she saw and what opinion, if any, the juror developed about the photograph. Defense counsel again moved for a mistrial. The court denied the motion. After finding that a mistrial was not required, the court reconvened the jury and gave a detailed curative instruction, explaining that the photograph had not been intentionally displayed, was not evidence, and could not be considered in reaching a verdict. Each juror then individually affirmed that he or she could "fairly and impartially deliberate based on the evidence that's admitted at trial." The jury convicted the defendant on all charges. This appeal followed.
On appeal, the defendant contends that the trial court erred when it: (1) denied his motion to dismiss the robbery charge because the evidence was insufficient to prove that he was in the course of committing a theft when he used force against the victim; and (2) failed to individually question each juror about the photograph because, without such questioning, "the court's inquiry was inadequate to gauge the effect on the jury of the potentially prejudicial incident."
We first address the defendant's argument regarding the sufficiency of the evidence. In order to convict the defendant of robbery, the State needed to prove beyond a reasonable doubt that the defendant, in the course of committing a theft, used physical force on the victim, and the victim was aware of the force. RSA 636:1, I(a). "An act shall be deemed 'in the course of committing a theft' if it occurs in an attempt to commit theft, in an effort to retain the stolen property immediately after its taking, or in immediate flight after the attempt or commission." RSA 636:1, II (2016).
A challenge to the sufficiency of the evidence raises a claim of legal error; therefore, our standard of review is
de
novo
.
State v. Morrill
,
The defendant argues that, because the evidence was insufficient to prove that force was used "in the course of committing a theft" as is required by statute, the trial court erred in denying his motion to dismiss the robbery charge. See RSA 636:1, II. He contends that a "rational conclusion consistent with innocence explains the disappearance of [the victim's] property"; namely, that other people lived in the house and any one of them could have taken his property. We disagree.
Here, a rational juror could have concluded that the defendant's alternative hypothesis was not "reasonable" because, given the totality of the evidence, the presence of other people in the house did not create reasonable doubt that the defendant committed theft.
See
Germain
,
We next address the defendant's argument that the trial court erred when it failed to question each juror individually about the impact the photograph of the weapon had on his or her ability to remain impartial. The defendant contends that the trial court's decision not to question jurors individually "about what they saw or heard others discussing and its effect on their thinking" deprived him of his state and federal constitutional rights to an impartial jury.
See
N.H. CONST. pt. I, art. 15 ; U.S. CONST. amends. VI, XIV. We first address the defendant's claims under the State Constitution, and rely upon federal law only to aid our analysis.
State v. Rideout
,
It is axiomatic that a defendant has a right to be tried by a fair and impartial jury.
State v. Brown
,
The defendant argues that the presumption of prejudice applies here because the jury was exposed to extraneous information related to the case. The State, citing federal precedent, counters that "the presumption is applicable only where there is an egregious tampering or third party communication which directly injects itself into the jury process,"
United States v. Boylan
,
"When a party makes a colorable claim that a jury may be biased or tainted by extrinsic contact or communication, the court must undertake an
adequate inquiry
to determine whether the alleged incident occurred and, if so, whether it was prejudicial."
Rideout
,
Here, the defendant argues that the trial court's inquiry was inadequate because the court did not "question each juror individually about what they saw or heard others discussing and its effect on their thinking." The defendant contends that, because we have previously observed that the "most common approach [for inquiring into juror misconduct] is to remove the offending juror and undertake individual
voir
dire
of the panel,"
In
Rideout
, we concluded that the State had failed to rebut the presumption of prejudice, when, after a witness for the State provided medical assistance to a juror during deliberations, the court did not inquire into the potentially prejudicial effect the incident may have had on the jury as a whole.
When a party makes a colorable claim that a jury may be biased or tainted by extrinsic contact or communication, the *896 court must undertake an adequate inquiry to determine whether the alleged incident occurred and, if so, whether it was prejudicial. The trial court has broad, though not unlimited, discretion to determine the extent and nature of its inquiry .
Id. at 365 (emphases added) (citations omitted). In
Rideout
, we reversed the trial court's decision because it had explored the effect of the incident only with the juror who received medical assistance, and it "did not hear any evidence or make any findings" regarding whether that juror had disclosed his encounter with the State's witness to the rest of the jury.
Id. at 368,
Here, in contrast with Rideout , despite the fact that the trial court concluded that the jury's exposure to the photograph did not fall "into the realm of juror misconduct," the trial court investigated the effect of the photograph on each juror when it: (1) questioned Juror 9 about the nature of the conversation among jurors about the photograph; (2) instructed the entire jury that the photograph had not been intentionally displayed, was not evidence, and could not be considered in reaching a verdict; (3) received an individual affirmation from each juror that he or she could "continue to fairly and impartially deliberate based on the evidence that's admitted at this trial"; and (4) further instructed the jurors not to discuss the photo, and to notify the court if the photo was again discussed. The trial court also warned the jurors that any juror who did not follow the court's instructions would be replaced. Therefore here, because of the trial court's investigation, there was sufficient evidence to establish that any prejudice resulting from the jury's exposure to the photograph was harmless beyond a reasonable doubt.
To the extent that the defendant also argues that the trial court erred because its curative instruction was insufficient to cure the possible prejudice, we disagree. "The adequacy of a particular jury instruction necessarily depends on the capacity of the offending [incident] to lead to a verdict that could not otherwise be justly reached."
State v. Dowdle
,
Thus, even if the presumption of prejudice were to apply, we conclude that the trial court soundly exercised its discretion, and that its inquiry was adequate to determine whether the incident was prejudicial.
See
Brown
,
As the Federal Constitution offers the defendant no greater protection than does the State Constitution under these circumstances,
see
Rideout
,
Affirmed .
DALIANIS, C.J., and HICKS, LYNN, and HANTZ MARCONI, JJ., concurred.
Reference
- Full Case Name
- The STATE of New Hampshire v. Dominick STANIN, Sr.
- Cited By
- 1 case
- Status
- Published