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State v. Golphin8/25/2000
ith the instruction material, with the menu, with the order sheets for the first couple of days, to get your telephone numbers and then answer any other questions that you have.
Contrary to defendants' contentions, the trial court's failure to make a statement to the jurors that followed, similar to the one made to jurors Kearney, Waugh, Stephenson, and Renfrow, and the one given to alternate juror Pittman, shows there was no such concern that the jurors were asking the clerk inappropriate questions. Moreover, as there is nothing in the record to suggest that anything other than logistics was discussed, and the fact that defendants failed to object, we assume the clerk engaged only in the administrative duties assigned. See May, 334 N.C. at 615, 434 S.E.2d at 183.
Defendants also argue the trial court indicated the clerk would be discussing transportation procedures, which defendants contend was a substantive issue. Defendants made pretrial motions concerning the route jurors would take to Cumberland County and requested that jurors not be driven by the scene of the crime. These motions were allowed. Defendants contend any discussion of transportation with the clerk could have generated questions about the route and time required to travel from one county to the other.
Defendants speculate that discussion may have arisen about the bus route to Cumberland County. Regarding the subject of transportation, the record indicates the clerk was to inform the jurors where to park their cars in the morning and where the bus would drop them off in the evening. Defendants can focus only on what jurors may have asked the clerk about the transportation route and the time necessary to travel from Johnston County to Cumberland County. Based on defendants' failure to object and because the record contains nothing to suggest the clerk spoke with jurors about the bus route or any other substantive issue, we assume the clerk limited any conversation to the logistics of jury service and any other administrative matters. See id. at 614-15, 434 S.E.2d at 183. Therefore, we conclude defendants' assignments of error are without merit and are overruled.
By assignments of error, both defendants contend the trial court erred by excusing for cause prospective jurors Timothy Ray, Sandra Parker, Jarrell Etheridge, Pamela Sessions, Lester Brown, Michael Hood, Richard Coppedge, Brenda Pone, Paquita Raynor, Edward Blackmon, Robert Batts, and Clifton Cooley because they were qualified to serve and could be fair and impartial. In their briefs, however, defendants argue only that the trial court erred in excusing prospective juror Sandra Parker. As to the remaining prospective jurors defendants included in their assignments of error, any claims are deemed abandoned pursuant to N.C. R. App. P. 28(b)(5).
In his brief, Tilmon argues the trial court erred in excusing prospective juror Parker for cause without allowing an opportunity to ask further questions. Tilmon contends this error stripped him of his constitutional rights by precluding him from making a full and fair inquiry during the jury selection process. Kevin incorporates Tilmon's argument and contends the trial court erred in excusing Parker for cause in violation of his constitutional rights. Specifically, Kevin argues the trial court's inquiry into Parker's state of mind was cursory, overly general, and not adequate to demonstrate Parker lacked the ability to be fair and impartial.
A defendant's due process rights guarantee the right to a trial by a fair and impartial jury. See State v. Boykin, 291 N.C. 264, 269, 229 S.E.2d 914, 917 (1976). Either party may challenge an individual juror for cause if the juror is "unable
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