Davis v. State
Davis v. State
Opinion of the Court
delivered the opinion of the Court,
The appellant was convicted of aggravated robbery, and a jury sentenced him to ten years’ confinement. The Fourteenth Court of Appeals affirmed.
I. Background
During voir dire, defense counsel asked the jury panel, “Let’s talk about factors in [assessing] the sentence in a case of aggravated robbery with a deadly weapon, what factors do /all think are important?” Without an objection from the State, the trial court interjected, “[Counsel], that’s a commitment question. You can’t ask that question.”
Citing our opinion in Standefer v. State,
II. Analysis
A commitment question is a question that commits a prospective juror to resolve or to refrain from resolving an issue a certain way after learning of a particular fact.
The Court of Appeals’s holding directly contradicts the decision of the Tenth Court of Appeals in Vrba v. State.
Sells was a capital-murder appeal. Sells’s counsel attempted to ask venire members how parole law would influence them sentencing decisions,
These are not questions, for example, that inquire ... into a prospective juror’s general philosophical outlook on the justice system (such as whether the retribution, deterrence, or rehabilitation is the prime goal of the criminal justice system). The parties are given broader latitude to ask such general background and philosophy questions.14
While this note in Sells was not part of our holding in that case, it is an accurate statement of the law, and the distinction it
In its opinion, the Court of Appeals compared the appellant’s question to a question given as an example in Standefer: “What circumstances in your opinion warrant the imposition of the death penalty?” But the example from Standefer is distinguishable. The Standefer example asked jurors to define situations in which they would impose a specific sentence. Had this appellant’s counsel asked jurors what circumstances would warrant the maximum punishment for aggravated robbery with a deadly weapon, that would have been an impermissible commitment question. Instead, the appellant’s question sought to discover which factors would be important to jurors’ decisions, without inquiring how those factors would influence the decision.
The question in this case is also distinguishable from the death-penalty question because sentencing for a capital felony has only two possible outcomes, life in prison without parole or the death penalty.
Having found that the Court of Appeals erred in determining that the appellant’s question was a commitment question, we remand this cause to that Court for further proceedings.
. Davis v. State, 315 S.W.3d 908 (Tex.App.Houston [14th Dist.] 2010).
. 59 S.W.3d 177, 180 (Tex.Cr.App. 2001).
. Davis, 315 S.W.3d at 913.
. Lydia v. State, 109 S.W.3d 495, 498 (Tex.Cr.App. 2003).
. Sanchez v. State, 165 S.W.3d 707, 712 (Tex.Cr.App. 2005).
. Sells v. State, 121 S.W.3d 748, 757-58 (Tex.Cr.App. 2003); Standefer, 59 S.W.3d at 181-82.
. Barajas v. State, 93 S.W.3d 36, 38 (Tex.Cr.App. 2002).
. 151 S.W.3d 676 (Tex.App.-Waco 2004, pet. ref'd).
. Id., at 679.
. 121 S.W.3d 748 (Tex.Cr.App. 2003).
. Vrba, 151 S.W.3d at 679 (internal quotations omitted).
. Sells, 121 S.W.3d, at 755 (Appellant's counsel sought to ask questions such as "Would the minimum length of time a defendant could serve in prison before he could be paroled be something you would want to know in answering the special issues?” and "Would you be more likely, or less likely, generally, to view a defendant as a continuing threat to society if you knew he could not be paroled for a minimum of 40 years?”)
. Id., at 756.
. Id., at 756 n. 22.
. See Tex. Penal Code § 12.31.
. See Tex.Code Crim. Proc art. 37.071.
Dissenting Opinion
dissenting.
Defense counsel attempted to ask the prospective jurors what “factors” they considered to be important in assessing the sentence “in a case of aggravated robbery with a deadly weapon.” Like the question in Barajas v. State,
We have upheld the refusal by trial courts to allow counsel to ask ambiguously worded questions that could be interpreted as eliciting an improper commitment. In Barajas, defense counsel attempted to ask whether prospective jurors could be “fair and impartial” in a case in which the victim was nine years old.
We explained in Barajas that “[t]he trial court may, within its discretion, require that parties phrase questions in a way that is precise enough to glean relevant information from the venire member’s answer.”
The question in the present case does not explicitly ask the prospective jurors to say what types of evidence would be given mitigating or aggravating value in their punishment deliberations in the case at hand. But the question is not precise enough to limit the prospective jurors’ answers to matters of general punishment philosophy. What are “factors,” and what does it mean to say that they are “important?” The Court says that defense counsel’s question “sought to discover which factors would be important to jurors’ decisions, without inquiring how those factors would influence the decision.”
. 93 S.W.3d 36 (Tex.Crim.App. 2002).
. Id. at 39-40.
. Id. at 40.
. 121 S.W.3d 748, 755 (Tex.Crim.App. 2003).
. Id. at 757.
. Id. at 756 n. 22.
. See Standefer v. State, 59 S.W.3d 177, 180 (Tex.Crim.App. 2001) (quoting Allridge v. State, 850 S.W.2d 471, 480 (Tex.Crim.App. 1991)).
. Davis v. State, 313 S.W.3d 317, 346 (Tex.Crim.App. 2010).
. Court’s op. at 519.
. 808 S.W.2d 482 (Tex.Crim.App. 1991).
. Standefer, 59 S.W.3d at 180.
. Barajas, 93 S.W.3d at 39-42.
Reference
- Full Case Name
- Christopher Connley DAVIS, Appellant, v. the STATE of Texas
- Cited By
- 41 cases
- Status
- Published