State of Minnesota v. Jacob Michael McKinley , 2017 Minn. App. LEXIS 24 ( 2017 )

STATE OF MINNESOTA
IN COURT OF APPEALS
A16-0265
State of Minnesota,
Respondent,
vs.
Jacob Michael McKinley,
Appellant.
Filed February 13, 2017
Affirmed
Schellhas, Judge
Ramsey County District Court
File No. 62-CR-15-4868
Lori Swanson, Attorney General, St. Paul, Minnesota; and
John J. Choi, Ramsey County Attorney, Peter R. Marker, Assistant County Attorney, St.
Paul, Minnesota (for respondent)
Cathryn Middlebrook, Chief Appellate Public Defender, Anders J. Erickson, Assistant
Public Defender, St. Paul, Minnesota (for appellant)
Considered and decided by Jesson, Presiding Judge; Ross, Judge; and Schellhas,
Judge.
SYLLABUS
A district court does not err when it sustains a for-cause challenge of a juror under
Minn. R. Crim. P. 26.02, subd. 5(1)(1), because the juror is untruthful, evasive, or lacking
in candor during voir dire and the court is satisfied that the juror cannot try the case
impartially and without prejudice to the substantial rights of the challenging party.
OPINION
SCHELLHAS, Judge
Appellant challenges his convictions of first-degree burglary, kidnapping, and first-
degree criminal sexual conduct, arguing that the district court erred by striking a
prospective juror for cause.
FACTS
Very early on a June 2015 morning, appellant Jacob McKinley entered a St. Paul
apartment through a partially open window. He then dragged a female tenant from her
bedroom to a living-room couch and sexually assaulted her. The state charged McKinley
with first-degree burglary, kidnapping, and first-degree criminal sexual conduct.
McKinley demanded a jury trial, and the district court required prospective jurors
to complete a juror questionnaire that stated, “YOU ARE UNDER OATH AND ARE
REQUIRED TO ANSWER THE QUESTIONS TRUTHFULLY. YOU ARE
EXPECTED TO SIGN THE QUESTIONNAIRE AND YOUR ANSWERS WILL
HAVE THE EFFECT OF A STATEMENT GIVEN UNDER OATH TO THE
COURT.” The questionnaire included question number 37, as follows: “Have you or has
anyone close to you ever been arrested, accused, charged, indicted, or convicted of a
crime?” Prospective juror K.H. answered yes to the question and stated, “I was convicted
of CVO in 2006 driving while drinking.”
Regarding juror K.H., the prosecutor informed the district court that he had found
public criminal-history records that revealed that K.H. had been arrested in 2002 for felony
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criminal sexual conduct, convicted in 2003 of third-degree possession of a controlled
substance, and arrested in 2004 for auto theft. The following colloquy occurred:
THE COURT: Well, I’m concerned here . . . . [Y]ou’ve
indicated now three additional incidents. Are there multiple
others?
THE STATE: Yes, Your Honor.
THE COURT: How many others?
THE STATE: There is a CVO, which indicates a sentencing
date also of 10-15-2008.
THE COURT: Okay.
THE STATE: There is an additional 2007 Possession With
Intent to Sell, which has the same sentencing date, 10-15-2008.
THE COURT: Okay.
THE STATE: There —
THE COURT: I’ve already heard enough to believe that he has
not been forthcoming on the questionnaire.
At the request of defense counsel, the court questioned K.H. about his apparent lack
of candor in completing the jury questionnaire, as follows:
THE COURT: Are there any other arrests you have had in your
history, sir?
PROSPECTIVE JUROR: Yes.
THE COURT: Okay. Tell me about those.
PROSPECTIVE JUROR: I got convicted of criminal vehicular
and possession.
The court inquired about the specifics of those convictions and asked K.H. whether he had
any other arrests or convictions, and K.H. said no. The court also asked K.H. why he did
not list the other conviction in his questionnaire, and K.H. said he did not list it because he
“thought maybe [the court] just wanted the recent one.” The court then asked K.H. whether
he ever had been arrested for theft, and K.H. said no. The court also asked whether K.H.
ever had been arrested for “any kind of criminal sexual conduct behavior,” and K.H.
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responded, “I didn’t get charged with that, though” and stated, “That was just being at the
wrong place at the wrong time.”
During follow-up questioning by defense counsel, K.H. admitted that he had a
conviction for third-degree drug possession with intent to sell. When defense counsel
inquired about whether K.H. had pending against him a possible case for harassment or
violation of an order for protection, K.H. responded that he did not know anything about
that. Then the prosecutor asked K.H. whether he had more than one controlled-substance
conviction, and K.H. said, “[N]o. . . . I got caught one time. They gave me a third degree,
because there was narcotics, and then the other one was marijuana. . . . They just gave me
a fifth degree marijuana because I got caught with two bags of marijuana.” The prosecutor
then asked whether that involved a separate arrest. K.H. said yes, and the prosecutor
challenged K.H. for cause, arguing that K.H. had not been truthful. In response, defense
counsel said, “I would just note that [K.H.] did say he thought the . . . most recent
conviction was the one that he had to list. Any time questioned he did say whether he
remembered the incident or not.” The court sustained the state’s for-cause challenge of
K.H. on the basis that he had not been forthcoming either in the jury questionnaire or in
court.
A jury found McKinley guilty of all charges, and the district court sentenced him to
prison. This appeal follows.
ISSUE
Did the district court err by sustaining the state’s for-cause challenge of prospective
juror K.H. for not being forthcoming during voir dire?
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ANALYSIS
“The Sixth Amendment to the United States Constitution and Article I, Section 6 of
the Minnesota Constitution guarantee the right to a trial by an impartial jury in all criminal
prosecutions.” State v. Horst, 880 N.W.2d 24, 41 (Minn. 2016) (quotation omitted). Most
Minnesota caselaw regarding jury selection involves denials of challenges of jurors for
cause. See, e.g., id. at 42 (concluding that district court did not abuse its discretion by
denying defendant’s challenge of juror for cause); State v. Fraga, 864 N.W.2d 615, 625−26
(Minn. 2015) (reaffirming holding of State v. Williams, 593 N.W.2d 227, 238 (Minn.
1999), and reversing and remanding for new trial because juror with actual bias sat on jury).
In the case before us, the district court sustained the state’s for-cause challenge of a
juror. McKinley seeks reversal of his conviction and a new trial, arguing that the district
court erred when it sustained the state’s for-cause challenge to prospective juror K.H. for
not being forthcoming because not being forthcoming is not listed as a ground on which to
challenge a juror for cause under Minn. R. Crim. P. 26.02, subd. 5(1)(1). “[Appellate
courts] give great deference to a district court’s findings of fact regarding juror bias and
review a district court’s decision to seat a juror for abuse of discretion.” Fraga, 864 N.W.2d
at 623 (citation and quotation omitted). “Permitting a biased juror to serve is structural
error requiring automatic reversal.” Id. “A prospective juror may be rehabilitated if the
juror states unequivocally that he or she will follow the district court’s instructions and will
set aside any preconceived notions and fairly evaluate the evidence.” State v. Prtine, 784
N.W.2d 303, 310 (Minn. 2010). “The [district] court is in the best position to determine
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whether jurors can be impartial because it hears the prospective jurors’ testimony and
observes their demeanor.” State v. Drieman, 457 N.W.2d 703, 708−09 (Minn. 1990).
McKinley did not object at trial to the state’s for-cause challenge. We therefore
review the court’s removal of K.H. for plain error. “[B]efore an appellate court reviews an
unobjected-to error, there must be (1) error; (2) that is plain; and (3) the error must affect
substantial rights.” State v. Griller, 583 N.W.2d 736, 740 (Minn. 1998). If an appellant
satisfies these three parts, then the appellate court “assesses whether it should address the
error to ensure fairness and the integrity of the judicial proceedings.” Id.In State v. Kluseman, the defendants claimed that the district court erred by rejecting
a particular juror. 53 Minn. 541, 545, 55 N.W. 741, 741 (1893). Without determining
whether the prospective juror was in fact biased, the supreme court concluded that the
juror’s rejection could not have prejudiced the defendants, stating that “[the defendants]
had no right to any particular juror being selected, provided they had an impartial jury to
try their case, and, nothing appearing to the contrary, it is to be presumed that the jury was
impartial.” Id.In State v. Hurst, the state challenged four jurors, and the district court removed all
four jurors. 153 Minn. 525, 532, 193 N.W. 680, 682 (1922). The supreme court concluded
that, as to three of the jurors, “the challenge was not well taken.” Id. But the court noted
that “there is no intimation that the jury that tried the case was not in all respects a fair jury.
Under these circumstances it is well settled in this state that the error was without
prejudice.” Id. The court also quoted the syllabus point in Kluseman, as follows: “Where
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the court, on the challenge of the state, improperly rejects a juror, it will not prejudice the
defendant, if he was tried by an impartial jury,” id. at 532, 193 N.W. at 683, and said:
[T]he right to reject is not a right to select. No party can acquire
a vested right to have a particular member of the panel sit upon
the trial of his cause until he has been accepted and sworn. It is
enough that it appear that his cause has been tried by an
impartial jury. It is no ground of exception that, against his
objection, a juror was rejected by the court upon insufficient
grounds, unless, through rejecting qualified persons, the
necessity of accepting others not qualified has been purposely
created. Thus, in the process of impaneling, no party is entitled,
as of right, to have the first juror sit who has the statutory
qualifications, though there are authorities to the contrary,
chiefly based on exaggerated views of the rights of the accused
in criminal trials. But this is on principle quite untenable; since,
if the prisoner has been tried by an impartial jury, it would be
nonsense to grant a new trial or a venire de novo upon this
ground, in order that he might be again tried by another
impartial jury.
Id. at 533, 193 N.W. at 683 (quotation omitted).
A juror may be challenged for cause when “[t]he juror’s state of mind—in reference
to the case or to either party—satisfies the court that the juror cannot try the case impartially
and without prejudice to the substantial rights of the challenging party.” Minn. R. Crim. P.
26.02, subd. 5(1)(1). McKinley is correct that nothing in the rule explicitly allows the
district court to excuse a juror for cause because a juror does not give truthful, candid
answers to the court’s questions on a juror questionnaire or during voir dire. But the rule
allows a court to dismiss a prospective juror if the juror demonstrates a state of mind that
satisfies the court that the juror cannot try the case impartially. See id.
“Voir dire” means “to speak the truth.” Black’s Law Dictionary 1805 (10th ed.
2014). “The necessity of truthful answers by prospective jurors if [voir dire] is to serve its
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purpose is obvious.” McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548, 554,
104 S. Ct. 845, 849 (1984). Courts in other jurisdictions have acknowledged that juror
dishonesty during voir dire can create a presumption that a prospective juror is biased. See
Green v. White, 232 F.3d 671, 678 (9th Cir. 2000) (reversing a denial of a writ of habeas
corpus because juror’s pattern of lies and misbehavior created “destructive uncertainties”
about his ability to serve as an impartial juror); Dyer v. Calderon, 151 F.3d 970, 983 (9th
Cir. 1998) (“If a juror treats with contempt the court’s admonition to answer voir dire
questions truthfully, she can be expected to treat her responsibilities as a juror—to listen to
the evidence, not to consider extrinsic facts, to follow the judge’s instructions—with equal
scorn.”); State v. Harris, 264 Neb. 856, 862, 652 N.W.2d 585, 590 (2002) (noting that
“[w]hen a juror deliberately conceals information, courts address the issue in terms of juror
bias,” and “[s]ome courts hold that when a juror deliberately concealed information or
purposely gave an incorrect answer during voir dire, bias is presumed”).
We conclude that when a district court is convinced that a juror is untruthful,
evasive, or lacking in candor during voir dire, Minn. R. Crim. P. 26.02, subd. 5(1)(1),
allows the court to remove the juror for cause because such a juror cannot try the case
impartially and without prejudice to the substantial rights of the challenging party, as
required by the rule. McKinley failed to establish that the district court erred by sustaining
the state’s for-cause challenge to K.H., and he makes no claim that he was not tried by an
impartial jury.
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DECISION
Because the district court did not err by sustaining the state’s for-cause challenge of
a juror under Minn. R. Crim. P. 26.02, subd. 5(1)(1), when the juror was untruthful,
evasive, or lacking in candor during voir dire, and because McKinley has not proved that
the jury that tried him was not impartial, he is not entitled to a new trial.
Affirmed.
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