Commonwealth v. Holland
Commonwealth v. Holland
Opinion of the Court
Appellant contends, inter alia, that the lower court erred in refusing to propound his requested voir dire questions on racial prejudice. We agree and, accordingly, reverse the judgments of sentence and grant appellant a new trial.
Before jury selection, appellant, a black man, requested the lower court to propound 39 questions to the prospective jurors, including four questions probing the veniremen’s possible racial bias.
It is well-settled that “the singular purpose of voir dire examination is to secure a competent, fair, impartial and unprejudiced jury.” Commonwealth v. Futch, 469 Pa. 422, 426, 366 A.2d 246, 248 (1976). The scope of voir dire examination rests within the sound discretion of the trial court and its decisions will not be reversed absent palpable error or abuse of discretion. Commonwealth v. Fulton, 271 Pa.Superior Ct. 430, 432, 413 A.2d 742, 743 (1979). However, “a complete denial of the right to an examination of jurors to show bias or prejudice is a palpable abuse of discretion and entitles the defendant to a new trial.” Commonwealth v. Foster, 221 Pa. Superior Ct. 426, 429, 293 A.2d 94, 95 (1972).
So ordered.
. Because of our disposition of this matter, we need not address appellant’s remaining contentions.
. The relevant proposed voir dire was as follows:
29. Are any of you racially prejudiced?
30. Do any of you hold a prejudice against the Defendant simply because he is black?
31. Do any of you believe simply because the Defendant is young and black that he must be guilty of the crime accused?
32. Do any of you have any reserved feelings that black people are more likely to commit crime than white people?
. The Commonwealth contends that appellant has waived any objection to the lower court’s voir dire by not specifically objecting at its conclusion. Appellant’s proposed voir dire questions were specifically denied. This situation is analogous to a trial court’s denial of specifically requested points for charge. See Commonwealth v. Christian, 480 Pa. 131, 140 n.10, 389 A.2d 545, 549 n.10 (1978).
[When] a point for charge is timely offered and rejected, we have indicated that there is no need for the party who has submitted the point to take further action at trial to preserve the issue; the trial judge has been fully alerted, and no purpose would be served by insisting on the formality of an exception to a refusal of one’s point.
Commonwealth v. Williams, 463 Pa. 370, 373 n.1, 344 A.2d 877, 879 n.1 (1975). See also Commonwealth v. Miller, 490 Pa. 457, 470-71 n.9, 417 A.2d 128, 135 n.9 (1980); Commonwealth v. Sisak, 436 Pa. 262, 270, 259 A.2d 428, 433 (1969). Requiring an exception to the lower court’s refusal of a submitted voir dire question would be similarly purposeless. Accordingly, appellant’s claim has been preserved for our review.
Dissenting Opinion
dissenting:
This was a jury trial in which the defendant was found guilty of robbery, theft by unlawful taking and possessing an instrument of crime. The majority grants a new trial because the trial judge ruled that the defendant was not entitled to question the prospective jurors as to their possible prejudice against black persons. Not in every case is a black person who is charged with crime entitled to question prospective jurors as to whether or not they are prejudiced against such person because of his race. When the case is race-sensitive and there is a likelihood that prejudice because of race might infect the trial, then a defendant is entitled to have inquiry made as to the impartiality of prospective jurors. Ristaino v. Ross, 424 U.S. 589, 96 S.Ct. 1017, 47 L.Ed.2d 258 (1976). The majority relies in important measure on the ruling in Commonwealth v. Christian, 480 Pa. 131, 389 A.2d 545 (1978), in which case there were problems of racial sensitivity. The defendant was charged with murder, burglary, rape and deviate sexual intercourse. Intimate physical contact was shown by the Commonwealth’s evidence. The defendant was black, the victim white. The prosecution showed that the defendant made sexual advances to another white woman prior to the killing of the victim. In the instant case, there was no intimate
I respectfully dissent and would affirm the judgment of sentence of the trial court.
. There was a struggle over disposition of the money ($520) as the defendant wrested the money from the operator of the service station.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. Gregory HOLLAND, Appellant
- Cited By
- 13 cases
- Status
- Published