733 S.E.2d 129
Va. Ct. App.2012Background
- Appellant Franklin Taylor (s/k/a Franklin Wayne Taylor) was convicted by jury of voluntary manslaughter under Code § 18.2-35.
- Appellant appeals alleging the court erred by not striking Juror Lamb for cause, by admitting a prior conviction without proper notice, and by insufficiency challenges to the evidence.
- Shooting occurred May 8–9, 2010 in a Richmond parking lot; body identified as Reshawn Thurman; forensic and circumstantial evidence linked appellant to scene.
- Blood trail from scene led to Have a Nice Day Café where appellant was found; DNA on blood swabs linked to appellant; ring found near the victim.
- Appellant later reported being shot; police testimony and witnesses conflicted with his account; circumstantial evidence supported guilt.
- Court reverses on the juror issue, remarks the notice issue will likely not recur, and remands for a new trial; sufficiency of the evidence is upheld.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror Lamb for-cause removal due to bias | Taylor argues Lamb was biased toward police credibility. | Lamb was rehabilitated to be impartial. | Trial court erred; Lamb seated over objection. |
| Sufficiency of evidence to convict | Evidence proves shooter and weapon beyond reasonable doubt. | Arms and identity not conclusively proven; possible alternate suspect. | Evidence sufficient to support verdict. |
| Notice of prior conviction at retrial | Commonwealth failed to provide notice of reintroduction before retrial. | Not addressed due to reversal on juror issue. | Not reached/will not be addressed on remand. |
Key Cases Cited
- Breeden v. Commonwealth, 217 Va. 297 (1976) (impartiality standard and presumption of innocence in jury selection)
- Justus v. Commonwealth, 220 Va. 971 (1980) (impartiality and credibility assessment guidance on voir dire)
- Mullis v. Commonwealth, 3 Va.App. 564 (1987) (weight given to officer testimony depends on context; not abstract rule)
- Clements v. Commonwealth, 21 Va.App. 386 (1995) (impartiality based on equivocal voir dire responses; rehabilitation not sufficient)
- Green v. Commonwealth, 262 Va. 105 (2001) (doubtful impartiality requires resolution in defendant's favor)