Wayne Gibson Weis, Jr. v. Commonwealth of Virginia
0785151
Va. Ct. App.Oct 18, 2016Background
- Defendant Wayne G. Weis Jr. was convicted of assault and battery of a family member arising from a December 7, 2013 altercation with his partner, Amanda Love, after she discovered him with another man.
- Love testified Weis pushed, body-slammed, and shoved her into mud; Weis testified he acted to defend himself and denied striking her.
- During voir dire, a prospective juror (Owens) stated he believed “no man ever has a right to raise a fist to a woman,” and later acknowledged he would apply different standards based on the parties’ size and strength.
- Defense moved to strike Owens for cause; the trial court questioned Owens further, and Owens said he believed in self-defense, could follow court instructions, and would hear facts before deciding.
- The trial court denied the motion to strike Owens but excused other jurors who said they would apply a different standard solely based on sex; Weis was convicted and sentenced to nine months.
- On appeal, Weis argued the trial court abused its discretion by not striking Owens for cause; the Court of Appeals affirmed, finding Owens’ voir dire responses showed he could be impartial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by refusing to strike Juror Owens for cause | Owens’ statement that “no man ever has a right to raise a fist to a woman” shows a fixed bias that prevents impartiality | Owens’ later voir dire admissions show he can follow instructions, consider self-defense factors (including size/strength), and decide on law and facts | No abuse of discretion; juror’s entire voir dire showed ability to be impartial and follow instructions |
Key Cases Cited
- Thomas v. Commonwealth, 279 Va. 131 (deference to trial court on juror challenges)
- Lovitt v. Commonwealth, 260 Va. 497 (entire voir dire controls; evaluate juror statements in context)
- Barrett v. Commonwealth, 262 Va. 823 (trial court denial of strike reviewed for abuse of discretion)
- Breeden v. Commonwealth, 217 Va. 297 (reasonable doubt as to juror qualification resolved for accused; jurors need not be legal experts)
- Boblett v. Commonwealth, 10 Va. App. 640 (no error refusing to strike juror who later affirmed ability to follow instructions)
- Bradbury v. Commonwealth, 40 Va. App. 176 (impartiality evidence must come from juror’s own responses, not mere assent)