State v. Grant
2011 MT 81
Mont.2011Background
- Grant was convicted of aggravated assault in Hill County District Court (Nov. 24, 2009).
- Appellant contends voir dire was curtailed, preventing an impartial jury.
- The State planned to call two doctors to testify that Fitzhugh's injuries were protracted, a key element of serious bodily injury.
- Defense counsel attempted juror-by-juror questioning on the meaning of 'protracted'; the court interrupted after six jurors.
- The court limited further questioning, stating the definition would be addressed in deliberations and that many words would be defined for the jury.
- Grant appeals on the sole ground that the curtailed voir dire violated his right to an impartial jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court abuse discretion in curtailing juror-by-juror inquiry on 'protracted'? | Grant argues curtailed voir dire deprived him of bias exposure. | State contends limits were reasonable to expedite trial and 'protracted' is readily understood. | No abuse; limits were within discretion and did not deny impartial jury. |
Key Cases Cited
- State v. LaMere, 190 Mont. 332, 621 P.2d 462 (Mont. 1980) (court grants trial court broad discretion to control voir dire)
- State v. Trull, 2006 MT 119, 332 Mont. 233, 136 P.3d 551 (Mont. 2006) ('protracted' is a readily understandable term)
- State v. Nye, 283 Mont. 505, 943 P.2d 96 (Mont. 1997) (definition of terms in elements of offense; trial court discretion)
