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Vit v. State1/5/1996
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(E) Ask a juror what the juror's verdict might be under any hypothetical circumstance.
In Wyoming, the purpose of voir dire is to seek to establish grounds for challenge for cause; assess any individual bias as to each member of the panel; and to arrive at a determination of the potential jurors' ability to decide a case fairly. Herdt; Summers v. State, 725 P.2d 1033 (Wyo. 1986), confirmed on reh'g, 731 P.2d 558 (1987); Gresham v. State, 708 P.2d 49 (Wyo. 1985); Jahnke v. State, 682 P.2d 991 (Wyo. 1984); Hopkinson v. State, 632 P.2d 79 (Wyo. 1981), cert. denied, 455 U.S. 922, 102 S.Ct. 1280, 71 L.Ed.2d 463 (1982); Lopez v. State, 544 P.2d 855 (Wyo. 1976). It is clear from our cases that the process is one of jury selection, not jury indoctrination.
In accordance with the rule, voir dire is subject to the supervision and control of the trial judge. The rulings of the trial judge are given deference within the permissible bounds. The authority of the trial court is discretionary and " he only inhibition regarding the discretion of the trial court is that it must be exercised subject to the essential demands of fairness." Jahnke, 682 P.2d at 999. Our examination of this record persuades us that there was no abuse of discretion by the trial court regarding voir dire. Even though, WYO.R.CRIM.P. 24(c) states, in pertinent part, "counsel shall not * * * sk questions of an individual juror that can be asked of the panel or a group of jurors collectively," Vit complains of the trial court's rulings with respect to his effort to seek individual responses from jurors. He contends, when questions were asked that would call for an affirmative response, he did not discern all members of the jury had responded and, since he was not able to seek their individual responses, he was prevented from ascertaining bias or prejudice. Our examination of the record persuades us counsel was afforded ample opportunity to question the members of the jury panel, and no error occurred.
Vit is actually complaining of a ruling of the trial court in a pre-trial hearing. The pertinent comments and rulings were:
THE COURT: * * * but I want to make it clear that I want counsel to comply with Rule 24(c) and in particular the requirements that counsel shall not ask questions of an individual juror that can be asked of the panel or a group of jurors collectively. * * *
And the reason I want to reiterate that rule is that part of the letter that you wrote indicated that you had reviewed the rule, and some of the language in it indicated that you were going to individually ask each juror questions. * * *
[VIT'S COUNSEL]: Can I ask how the court would rule if we ask a question that applies to everyone, then go out and get each person's answer? We can do that?
THE COURT: If it's appropriate. * * *
It is clear from the record that, during voir dire, counsel was not prevented from questioning any individual juror in any instance. The claim of error based upon the announced intention of the court to enforce the rule with no subsequent prejudicial ruling borders on the specious.
Vit asserts cumulative error. Since we have been unable to discern any error in the proceedings, it is obvious accumulation has no stature in this case.
The Judgment Upon Jury Conviction and the Sentence entered in the trial court are affirmed.
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