 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Bland v. State5/16/2000
only two were excused and they were excused for cause. One of those two prospective jurors was ill and the other was going through a divorce and expressed his inability to focus on the trial. As for the others called back to chambers, they were asked brief questions concerning whether they had violated the court's directive not to watch, listen or read any news reports about the case. Only one person was excused because he had heard from a television report that the defendant had a prior conviction for murder. The remainder of the venire returned to the courtroom and further voir dire was conducted, in Appellant's presence. Further, Appellant was present when the peremptory challenges were exercised. We find that Appellant's absence from the brief, limited, individual voir dire was neither a due process nor statutory violation. A fair and thorough voir dire was conducted in this case, and except for the individual voir dire, Appellant was given every opportunity to fully participate in the selection of the jurors who would decide his fate. Any error in conducting the individual voir dire in Appellant's absence was harmless beyond a reasonable doubt. See Rushen v. Spain, 464 U.S. 114, 117-18, 104 S.Ct. 453, 78 L.Ed. 267 (1983). Accordingly, this assignment of error is denied.
FIRST STAGE ISSUES
A.
In his third assignment of error, Appellant challenges the sufficiency of the evidence supporting his conviction, arguing that the evidence was insufficient to prove malice aforethought. Appellant contends that both his videotaped confession and his trial testimony showed that he did not intend to kill the victim, but only reacted by shooting the victim when the victim attempted to assault him. Appellant argues there was a complete lack of direct evidence provided by the State to support the intent element, therefore the evidence must be reviewed under the test used in cases of circumstantial evidence, i.e., the State's evidence must exclude any other reasonable hypothesis except that of guilt. Smith v. State, 695 P.2d 1360, 1362 (Okl.Cr.1985).
In reviewing the evidence supporting a conviction, we look to the evidence in its entirety in determining which standard of review to apply. Here, the evidence of Appellant's commission of the offense was both direct and circumstantial. Therefore, we review that evidence under the standard set forth in Spuehler v. State, 709 P.2d 202, 203-204 (Okl.Cr.1985); "whether after reviewing the evidence in the light most favorable to the State, a rational trier of fact could have found the existence of the essential elements of the crime beyond a reasonable doubt." This Court will accept all reasonable inferences and credibility choices that tend to support the verdict. Washington v. State, 729 P.2d 509, 510 (Okl.Cr.1986).
It is uncontroverted that Appellant shot and killed the victim, then disposed of his body. The only controverted issue is his intent. Title 21 O.S. 1991, § 701.7.(A) defines malice aforethought murder:
A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof. (emphasis added).
"A design to effect death [i.e., premeditation] is inferred from the fact of killing, unless the circumstances raise a reasonable doubt whether such design existed." 21 O.S.1991, § 702. See also Hooks v. State, 862 P.2d 1273, 1280 (Okl.Cr.1993), cert. denied, 511 U.S. 1100, 114 S.Ct. 1870, 128 L.Ed.2d 490 (1994). Premeditation sufficient to constitute murder may be formed in
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Oklahoma DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|