Lead Opinion
OPINION
Appellant Joel Marvin Munt was indicted by a Blue Earth County grand jury of four counts of first-degree murder, one count of second-degree murder, two counts of first-degree aggravated robbery, three counts of second-degree assault, three counts of kidnapping, and three counts of criminal vehicular operation causing injury, arising out of the shooting death of his ex-wife Svetlana and the kidnapping of their three children. - Because Munt pleaded not guilty and not guilty by reason of mental illness, the district court bifurcated the trial. The jury found Munt guilty of all counts and rejected his not-guilty-by-reason-of-mental-illness defense. On direct appeal, Munt argues that the district court erred by: (1) declining to remove a prospective juror for cause; (2) making allegedly improper comments to the jury; (3) denying his request to testify on surre-buttal; (4) determining that his 9-year-old daughter was incompetent to testify; and (5) failing to inquire into the nature of his pretrial complaints about counsel appointed to represent him. Munt also raises various pro se claims. Because we conclude that the district court did not commit error and Munt’s pro se claims lack merit, we affirm.
Joel Munt met Svetlana through a Russian internet dating service. Munt traveled to Russia twice to visit Svetlana; during the second visit, the two were married. Subsequently, the couple returned to Minnesota and had three children: J.L.M., M.M.M., and M.L.M..
In early October 2006, Svetlana reported to the police that Munt had been abusing her. Around the same time, O.S., a friend of Svetlana’s, received repeated phone calls from Svetlana indicating that she was frightened for her life. Svetlana removed herself and her children from the home and moved to the CADA house, a domestic-abuse shelter located in Mankato. Munt then initiated divorce proceedings, alleging that Svetlana had been mistreating their children. According to Munt, Svetlana gave the children scalding baths, shoved J.L.M. off a toy train, and locked the children in their rooms.
The district court granted Munt temporary custody of the children and Svetlana visitation rights. Later, the arrangement changed to 50/50 split custody. In October 2008, Munt refused to return the children to Svetlana after a scheduled visitation ended because he alleged that she physically abused the children. After a hearing, the district court found Munt in contempt, terminated his custody rights, and limited his contact with the children to supervised visitation at the CADA house.
The murder occurred during Munt’s scheduled visitation with his three children on March 28, 2010. It was Svetlana’s habit to arrive early at Rasmussen Woods park and then drive to the CADA house at the scheduled time. Munt also first drove to the park, where he encountered Svetla-na and the children sitting in Svetlana’s Chevrolet Cavalier. Munt drove his Chevrolet Suburban toward the driver’s side of Svetlana’s car and smashed into the car, pinning it against a tree. Munt then exited his car and shot Svetlana four times in the head with a pistol.
M.D. and C.D., who were returning home from church with their three children in a Yukon Denali, observed smoke rising from the Rasmussen Woods park. They approached the Cavalier and discovered M.L.M. with a bloody face and M.M.M. crying hysterically. As M.D. and C.D. moved to help the children, Munt walked toward C.D. with his gun and threatened, “I will f***ing kill you.” Similarly, Munt pointed his gun at M.D. and stated, “[Ljeave my kids alone or I am going to f***ing kill yoú.” Munt then took the keys to the Yukon Denali, loaded his three children inside, and drove out of the park.
A Blue Earth County Sheriffs Deputy responded to a 911 call and stopped Munt. Officers arrested Munt and.found in his pockets three knives and a magazine containing .45-caliber bullets. In the vehicle, officers discovered a Ruger P90 pistol, with its safety off and hammer cocked, and an empty magazine. Forensic analysis later determined that the pistol was the gun used to shoot Svetlana.
Officers also found the three children seated in the rear of the vehicle.. J.L.M., the oldest of the three, said: “Mommy’s dead ... Daddy killed her. Daddy had a gun.” The children were transported by ambulance to the hospital. M.L.M., the youngest child, sustained the most significant injuries, suffering trauma to the face. Several pieces of glass became imbedded in the child’s face. M.L.M. underwent four surgeries to remove the glass and repair the scarring.
A Blue Earth County grand jury indicted Munt with the following 17 counts: one count of first-degree premeditated murder, MinmStat. § 609.185(a)(1) (2012); two counts of first-degree felony murder, Minn.Stat. § 609.185(a)(3); one count of first-degree domestic abuse murder, Minn. Stat. § 609.185(a)(6); one count of second-degree intentional murder, Minn.Stat. § 609.19, subd. 1(1) (2012); one count of drive-by shooting,. Minn.Stat. § 609.66, subd. le(a), (b) (2012); two counts of first-degree aggravated robbery, Minn.Stat. § 609.245, subd. 1 (2012); three counts of second-degree assault, Minn.Stat. § 609.222, subd. 1 (2012); three counts of kidnapping, MinmStat. § 609.25, subd. 1(2) (2012); and three counts of criminal vehicular operation causing injury, MinmStat. § 609.21, subd. 1(1) (2012). Munt pleaded hot guilty and not guilty .• by . reason of mental illness, and the case proceeded to a bifurcated jury trial.
During phase one of the trial, the State presented evidence consistent with the facts described above. The State also called Munt’s fiancée, T.S., who testified that Munt called her on the day of the shooting and told her: “Svetlana is dead.” T.S. asked Munt to explain what he meant, and he replied, “I drove my truck into her car and I shot her, she’s dead.”
Munt denied that he planned or intended to kill Svetlana. He -testified that, when he arrived at the park on the day of Svetlana’s death, some entity, which he described as “it,” seized control of his body. He explained that he watched helplessly as “it” caused him to crash into Svetlana’s car and shoot her. According to Munt, he was not “back in [his] body”
At the end of phase one, the district court submitted to the jury the 17 counts charged in the indictment as well as the lesser offense of first-degree heat-of-passion manslaughter, Minn.Stat. § 609.20(1) (2012). The jury found Munt guilty of the 17 indicted counts, but acquitted him of heat-of-passion manslaughter.
During phase two of the trial, the State called Dr. Sheryl Delain, the court-appointed forensic psychologist. Dr. Delain testified that Munt may have been clinically depressed when he shot Svetlana, but his mental state would not have prevented him from knowing the nature or wrongfulneSs of his acts. Munt called Dr. Allen Coúrsol, a licensed psychologist. Dr. Coursol téstified that Munt suffered from major'depression and paranoid personality disorder, but agreed with Dr. Delain that Munt was able to understand the nature and wrongfulness of his acts at the time of the offense.
The jury rejected Munt’s mental illness defense. The district court then convicted Munt of first-degree premeditated murder and imposed a life sentence without the possibility of release. Additionally, the district court convicted Munt of first-degree aggravated robbery, second-degree assault, kidnapping, and criminal vehicular operation causing injury, and imposed sentence.
I.
Munt raises five issues on appeal and asserts various pro se claims. Munt first argues that the district court erred when it declined to remove prospective juror B.S. for cause. According to Munt, B.S. expressed actual bias against his mental illness defense in response to a question during voir dire. Consequently, Munt argues, the district court deprived him of the right to a fair trial by an impartial jury when it denied his challenge for cause against B.S.
We review the district court’s denial of a challenge for cause for an abuse of discretion. State v. Barlow,
The United States and Minnesota Constitutions guarantee a criminal defendant the right to a fair trial by an impartial jury. U.S. Const. amend. VI; Minn. Const. art. I, § 6; see also Irvin v. Dowd,
To establish that the prospective juror expressed actual bias, the challenging party must identify more than “the mere existence of any preconceived notion as to the guilt or innocence of an accused.” Dowd, 366 U.S. .at 723,
With these principles in mind, we examine whether the district court abused .its discretion in this case. During voir dire, defense counsel elicited from B.S. that she interned as a phlebotomist at the psychiatric hospital in St. Peter, and that she did not know anyone who suffered from mental illness. Defense counsel passed B.S. for cause. The prosecutor then engaged in the following colloquy with B.S.:
Q: I just want your opinion; what — in general what do you think if somebody comes into court and says, yeah I did it but I am mentally ill and — you know — I am really not responsible for what I did, what’s — what’s your thought on that? A: My personal opinion about it [is] if you confess then you are aware that you did [it], so basically mental illness or not you are [aware] of1 what you did so you should be held responsible.
Based solely on that question and answer, Munt argues that B.S. expressed actual bias against his mental illness defense.
We conclude that Munt has failed to establish that B.S. expressed actual bias in the answer she gave to the question regarding mental illness. Two reasons support our conclusion. First, B.S.’s answer itself does not rise to the level of actual bias. Munt’s argument assumes that B.S.’s use of the phrase “mental illness” was a reference to the mental illness defense codified in Minn.Stat. § 611.026 (2012). The statute incorporates the M’Naghten standard and provides that a person who is “mentally ill or mentally deficient” shall not be excused from criminal liability except upon proof that “at the time of committing the alleged criminal act the person was laboring under such a defect of reason” so “as not to know the nature of the act, or that it was wrong.” Minn.Stat. § 611.026; see also State v. Odell,
Moreover, the district court did not explain to the prospective jurors before voir dire that the mental illness defense has a specialized meaning that is codified in statute and that incorporates the M’Naghten standard. This is significant because the M’Naghten standard identifies a subset of mental illnesses that is narrower than the
Second, B.S.’s answer, when read together with her other answers during voir dire, does not demonstrate actual bias. In determining whether a prospective juror expressed actual bias, other courts have examined the juror’s challenged answer within the context of the entire voir dire testimony to understand what the juror meant by the answer. See People v. Young,
Here, the district court informed the prospective jurors at the start of voir dire that Munt was asserting a mental illness defense. The district court subsequently asked B.S. whether she would “be able to follow all of [its] instructions on the law?” B.S. answered: “Yes.” The district court
Our conclusion is further supported by the manner in which the issue was presented to the district court. After B.S. answered the prosecutor’s question, defense counsel asked to approach the bench. During the bench conference, defense counsel said, “I still don’t know [whether to] pass [for] cause based on that answer.” Ultimately, defense counsel said, “I guess I still just want to put on the record a challenge for cause to the Court.” After acknowledging that the challenge was “on the record,” the district court seated B.S. on the jury.
Munt relies on three of our recent cases, in which actual bias in favor of police-officer testimony was at issue, to argue that B.S. expressed actual bias. See State v. Nissalke,
In summary, Munt has failed to carry his burden of proving that B.S. expressed actual bias that would preclude her from setting aside her opinion and trying the case impartially. The district court was in the best position to evaluate B.S.’s credibility and assess whether she expressed actual bias. Based on B.S.’s answer, both in
II.
Munt next argues that comments made by the judge to the jury regarding the upcoming schedule of phase two of the trial constitute reversible error for two reasons. First, the judge’s comments constitute structural error because they demonstrated that the judge was actually biased. Second, the judge’s comments constitute prejudicial error because they influenced the jury’s verdict. We consider each argument in turn.
Munt first contends that the judge’s scheduling comments establish that the judge considered Munt guilty before the jury deliberated on the issue at the conclusion of phase one. Based on that contention, Munt asserts that the judge’s actual bias deprived him of his right to a fair trial before an impartial judge and constituted structural error that requires automatic reversal and a new trial. Because we conclude that the judge’s comments do not demonstrate actual bias, we need not, and do not, decide whether the alleged bias constitutes structural error.
When reviewing a claim that a judge was partial against the defendant, we presume the judge “discharged his or her judicial duties properly.” McKenzie v. State,
Munt points to two comments the judge made to the jury as evidencing partiality. First, prior to closing arguments in phase one, the judge informed the jury about the future scheduling of the trial:
Then what will happen is — um—we will take Friday off and Monday we will be back for the second phase of this trial which would only last a day; the reason we are doing this is to coordinate with doctor’s schedules; there are two doctors who are supposefd] to testify [and] are not available until Monday and we had three weeks set aside; I just want to tell you all this stuff[,] I am trying to be respectful of your time, that ... is what is happening now, so that is where we are at. So I will excuse you today and ask that you return tomorrow ready to go at 8:30 with the anticipation that you will get the case for deliberations for the first part of this case late tomorrow morning or early afternoon.
Additionally, after closing arguments and instructions to the jury in phase one, the judge dismissed the two alternate jurors, stating: “I thank you very much for your service; you don’t need to come back for the second phase.” Thereafter, the jury retired to deliberate and reach a verdict for phase one of the trial.
We conclude that the judge’s scheduling comments do not overcome the presumption that the judge discharged his duties properly. We reached a similar conclusion in McKenzie,
Like McKenzie, the judge’s scheduling comments in this case do not reflect either actual bias or the appearance of impropriety against Munt. Instead, the comments simply informed the jurors of the trial schedule so that they could plan their personal lives. Specifically, the judge’s first comment — that the jury would be back for phase two of the trial the following week— was made to inform the jury of the schedule for phase two to assist the jurors in planning their personal schedules. The judge’s second comment — that the excused alternate jurors need not return for phase two — was also made to inform the alternate jurors that they were now excused for
Munt also contends that the judge’s scheduling comments influenced the jury’s verdict because they “amounted to a definite statement by the court of its conviction that [Munt] was guilty,” and therefore his case is indistinguishable from State v. Mancino,
In Mancino, the defendant was convicted of first-degree grand larceny for stealing merchandise from a department store’s warehouse, and was suspected of having an accomplice. Id. at 581-83,
We conclude that the judge’s scheduling comments in this case did not improperly influence the jury’s verdict. Unlike the defendant in Mancino, Munt did not object to the judge’s comments. Moreover, the judge’s comments lack any “definite statement” of a conviction that a guilty verdict was preordained. Additionally, any possible prejudice resulting from the comments was negated by the judge’s subsequent jury instructions. The judge instructed the jury that he did “not by these instructions, nor by any ruling or expression during the trial, intend[] to indicate [an] opinion regarding the facts or the outcome of this case. If I have said or done anything [that] would seem to indicate such an opinion, you are to disregard it.” The judge also instructed the jury that Munt was presumed innocent until the State proved him guilty beyond a reasonable doubt. We must presume that the jurors followed those instructions. See State v. Pendleton,
In sum, we conclude that the judge’s comments to the jury about the schedule of phase two of the trial did not express actual or apparent bias against Munt, nor did they improperly influence the jury’s verdict. Therefore, the judge’s comments do not constitute reversible error.
III.
Munt also argues that the district court erred when it denied his request to reappear as a surrebuttal witness to explain why he had his children’s car seats in his ear on the day of Svetlana’s death. Munt argues that this error deprived him of his right to present a complete defense. We review the district court’s decision to admit or exclude rebuttal evidence for an abuse of discretion. State v. Swaney,
Minnesota Rule of Criminal Procedure 26.03, subd. 12(g), provides that “the defense may rebut the prosecutor’s evidence.” Rebuttal evidence is that which “explains, contradicts, or refutes the defendant’s evidence.” Swaney,
During its case-in-chief, the State did not present evidence that Munt had child car seats in his vehicle on the day of Svetlana’s death. Munt testified that he did not plan or intend to kill Svetlana, but did not testify about the car seats on direct examination. On rebuttal, the State called Bureau of Criminal Apprehension Special Agent Michael Anderson to introduce photographs the police took of the interior of Munt’s Suburban showing the car seats to prove that Munt planned to kill Svetlana and drive away with the children. On surrebuttal, defense counsel sought to recall Munt as a witness to explain why he had the car seats in his vehicle. The State’s objection was sustained and defense counsel made an offer of proof, stating that Munt would testify he kept the car seats in his car because taking them out would admit that he lost his children forever.
Munt contends that the proffered surre-buttal testimony would have rebutted the State’s contention that, because Munt had the car seats in his vehicle on the day of the Svetlana’s death, the murder and kidnapping were premeditated. Assuming without deciding that the district court erred by excluding Munt’s proffered surre-buttal testimony, we examine whether the alleged error was harmless beyond a reasonable doubt. See Richardson,
We examine three categories of evidence regarding premeditation: the nature of the killing, motive, and planning activity. State v. Ortega,
We have concluded that motive evidence is unnecessary to a finding of premeditation, but “it can help strengthen a finding that the defendant deliberated about the killing.” State v. Anderson,
Planning activity consists of “facts about how and what the defendant did prior to the actual killing which showed he was engaged in activity directed toward the killing.” State v. Hughes,
If Munt’s surrebuttal testimony had been admitted and the damaging potential of the testimony fully realized, the surre-buttal testimony would only have rebutted the car seat evidence, which played a small part in the State’s premeditation argument. The State only mentioned the car seats once in closing argument. Based upon the State’s overwhelming evidence of premeditation, we are satisfied beyond a reasonable doubt that the jury would have reached the same verdict. Consequently, we conclude that the allegedly erroneous denial of Munt’s request to reappear as a surrebuttal witness was harmless.
IV.
Munt further argues that the district court erred when it determined
A criminal defendant’s right to present a complete defense includes the right to call and examine witnesses. State v. Reese,
Minnesota Statutes § 595.02, subd. 1 (2012), provides standards governing when particular witnesses are competent to testify. A child younger than 10 years old is presumed competent to testify “unless the court finds that the child lacks the capacity to remember or to relate truthfully facts respecting which the child is examined.” Id., subd. l(n). To determine whether the child is competent to testify, the district court must “test whether the child has the ability to relate events truthfully.” State v. Scott,
The district court held a pretrial hearing to assess the competency of all three children to testify at trial. The district court first interviewed the two boys, M.M.M. and M.L.M., and determined that M.L.M. was competent to testify but that M.M.M. was not. J.L.M., however, refused to enter the courtroom. The district court made extensive findings describing what occurred. Initially, 9-year-old J.L.M. refused to leave the home of her foster parents. J.L.M. eventually allowed a social worker to drive her to the courthouse but told the social worker she was afraid of her father, men, and specifically the male judge. Once the vehicle arrived at the courthouse, it took the combined efforts of two social workers and a guardian ad litem to convince J.L.M. to enter the building. Thereafter, the district court sought to interview J.L.M., but she refused to enter the courtroom for the competency hearing. The mental health worker told J.L.M. “it is your turn to go and talk to the judge now” and J.L.M. said, “[N]ope I am not going.” The mental health worker again asked J.L.M. “if the judge could come into the room and talk to her” and J.L.M. responded, “[N]o I am not talking to the judge.”
The district court concluded that J.L.M. was incompetent to testify at trial. The court stated:
J.L.M. is a significantly traumatized little girl and by refusing to leave her home, leave the vehicle, and speak with the judge during the competency hearing; she certainly made her own case that she is not competent to testify at trial. Because the Court was not able to assess J.L.M.’s ability to relate events truthfully; the Court must find J.L.M. incompetent to testify at trial.
Munt contends that the district court erred because it never examined J.L.M.’s competency at the hearing, and her refusal to enter the courtroom had no relevancy to her ability to relate facts truthfully to the jury. We agree that a witness’s refusal to appear in court does not by itself render a witness incompetent to testify. But
V.
Munt next argues that the district court erred when it failed to inquire into the nature of his pretrial complaints regarding the effectiveness of appointed counsel. Munt requests a remand for an evidentiary hearing to determine whether his complaints warranted the appointment of substitute counsel. We review the district court’s decision to appoint substitute defense counsel for an abuse of discretion. See State v. Clark,
The United States and Minnesota Constitutions guarantee a criminal defendant the right to the assistance of counsel for his defense. U.S. Const. amend VI; Minn. Const., art. I, § 6. If the defendant cannot employ counsel, the defendant is entitled to appointed counsel. Gideon v. Wainwright,
When a defendant raises complaints about the effectiveness of appointed counsel’s representation and requests substitute counsel, the district court must grant such a request “only if exceptional circumstances exist and the demand is timely and reasonably made.” State v. Worthy,
Here, the event that precipitated Munt’s complaint occurred at a pretrial hearing to consider the State’s motion to permit a detective to testify about an email without calling a foundation witness. Defense counsel objected to the State’s motion, and Munt made his own objection, claiming that the detective “performed crimes against both [him] and [his] children.” The district court indicated it would permit Munt to make a brief statement but that he should otherwise raise legal issues with his attorneys. Munt responded: “I — I brought it up and my attorney! ]s didn’t represent my interest and they are not following the code of conduct that requires them to be pursuing my objectives in the matter.” The district court reminded Munt to speak through his attorneys and warned him that it would have to remove him from the courtroom if he was unable to remain silent. Munt replied: “[H]ow
Court: [Counsel] is there anything you wish to bring up to the Court at this particular point in time?
Counsel: No, your Honor. We have spoke[n] with Mr. Munt and we are on track and everything is fíne to go.
Munt did not make any subsequent complaints about his defense counsel.
We conclude that Munt has failed to establish exceptional circumstances that would warrant a further inquiry into his complaints or the appointment of substitute counsel. While Munt may have been dissatisfied with his defense counsel, neither of his statements constituted serious allegations of inadequate representation that would have triggered the district court’s duty to further inquire and determine whether it needed to appoint substitute counsel. Further, the district court permitted Munt to confer privately with counsel, and after the recess, defense counsel represented to the court that he and Munt were “on track” and “everything is fine to go.” Munt’s acquiescence in defense counsel’s continued representation confirms that the district court did not err by failing to make an additional inquiry into Munt’s complaints. Cf. State v. Pilcher,
VI.
Additionally, Munt raises various claims in his pro se supplemental brief. First, Munt claims that the State engaged in prosecutorial misconduct warranting a new trial. Essentially, Munt claims that the State referred to facts not supported by evidence in the record. Because defense counsel did not object to any of these statements during trial, we review under a modified plain-error test. State v. Ramey,
We conclude that the State’s closing argument, as a whole, is well-supported by inferences drawn from evidence in the record, and that none of Munt’s claims of prosecutorial misconduct constitute error that warrant further review. Specifically, the State’s reference to Munt’s “selfishness” is supported by evidence that he caused serious injury to one of his sons, controlled Svetlana, and abused the children. The State’s argument that Munt knew Svetlana “more likely than not” would be at Rasmussen Woods park on the
Munt next claims that several jurors were incapable of trying the case impartially, and their seating on the jury deprived him of his right to a fair trial. We conclude that none of the jurors Munt accuses of partiality admitted to actual bias; or alternatively, the jurors were rehabilitated. For example, Munt asserts that juror M.L. should not have been seated because she sold lumber to M.D. 10 to 15 years prior and admitted that she believed Munt shot Svetlana and it would be “tough” for her to set aside that belief. But M.L. also testified during voir dire that nothing about her association with M.D. would prevent her from being fair and impartial. Moreover, M.L. stated that she could set aside what she heard in the media about the case 16 to 18 months earlier, and that she could be fair and impartial and base her decision on evidence admitted and the law as instructed. See Prtine,
Munt asserts various other claims, including: (1) the district court erroneously admitted hearsay evidence; (2) witnesses were tampered with; (3) he received ineffective assistance of counsel; (4) he needed more expert witnesses to testify at trial and lacked the trial testimony of other key witnesses, including his children; (5) the judge, court officials, and attorneys had conflicts of interest that indicated corruption; (6) he suffered gender, economic, and religious discrimination; (7) the district court should have ordered a change of venue due to negative media coverage; (8) his sentence of life imprisonment without the possibility of release constituted cruel and unusual punishment; and (9) the district court violated his children’s due process and equal protection rights. But Munt fails to cite any evidence in the record or legal authority that support these claims. See State v. Sontoya,
Affirmed.
Notes
. The dissent contends that B.S.’s use of the words “if you confess then you are aware that you did [it]” reflects a belief that Munt is criminally liable even if he became aware of the nature and wrongfulness of his conduct after the fact. But the record does not support such an assumption. The term "confession” is commonly understood to mean a criminal defendant’s “acknowledgement of guilt, often including details about the crime.” Black's Law Dictionary 317 (8th ed.2004). It is unclear what B.S. intended the word "confess” to mean as it relates to a defendant's awareness of the nature and wrongfulness of his conduct. B.S. could have expressed a belief that a defendant who confesses was likely aware of his conduct at the time he committed the crime. Alternatively, B.S. could have expressed a belief that a defendant who confesses became aware of his conduct after he committed the crime. The former belief is consistent with M’Naghten; the latter is not. See Odell,
. Munt contends that the district court never actually considered his motion to remove B.S. for cause. It is true that both Munt’s motion and the district court’s ruling are imprecise and unclear. Specifically, defense counsel challenged B.S. for cause in response to her answer to the question regarding mental illness, but counsel did not explicitly argue B.S. expressed actual bias or describe the actual basis for the challenge. Similarly, the district court did not explicitly grant or deny the motion; instead, the court simply acknowledged that the challenge was "on the record.” No effort was made to rehabilitate B.S. But the logical effect of making "the record” and seating B.S. on the jury is that the district court implicitly denied the motion. On the record before us, we conclude that the district court considered and then rejected Munt’s motion to remove B.S. for cause.
. Previously, we have limited the remedy of structural error to impartial-judge claims in which the defendant established actual bias of the judge as the trier of fact. See State v. Dorsey,
. Munt’s reliance on Pratt, Schtienz, Dorsey, and Powell is misplaced. All four cases are factually distinguishable. The judge in this case did not maintain a disqualifying relationship with the attorneys for one of the parties like the judges in Pratt and Powell, act as the finder of fact as did the judge in Dorsey, or engage in ex parte communication like the judge in Schlienz.
Dissenting Opinion
(dissenting).
Although I agree with the majority’s resolution of most of the issues in this case, I disagree with its conclusion that the district court did not abuse its discretion in declining to remove prospective juror B.S. for cause. B.S. demonstrated actual bias when she expressed a personal belief that was antithetical to Minnesota law on Munt’s mental-illness defense, and proper rehabilitation did not occur. Therefore, I respectfully dissent.
I.
A criminal defendant has the right to a fair trial and an impartial jury. U.S. Const, amends. VI, XIV; Minn. Const, art. I, § 6. This right guarantees that the “defendant will have his case decided strictly according to the evidence presented and not by ... the predilections of individual jurors.” State v. Varner,
In analyzing whether the district court erred by seating a juror, the relevant inquiry is whether the juror had a biased state of mind, in reference to either the ease or a party, so as to demonstrate that she “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); accord State v. Logan,
A.
The majority concedes that no effort was made to rehabilitate B.S. after Munt challenged her for cause on the ground that she was biased against his mental-illness defense. Therefore, the only question is whether B.S. actually had a biased state of mind such that she could not judge the case impartially and without prejudice to Munt’s substantial rights. The majority concludes that Munt has failed to establish actual bias. I cannot agree.
Here, the following exchange took place between the prosecutor and B.S. during voir dire:
Q. I just want your opinion; what — in general what do you think if somebody comes into court and says, yeah I did it but I am mentally ill and — you know — I am really not responsible for what I did, what’s— what’s your thought on that?
A. My personal opinion about it [is] if you confess then you are aware that you did [it], so basically mental illness or not you are [aware] of what you did so you should be held responsible.
The crux of B.S.’s statement is that, “if you confess ” to committing a criminal act, “then you are aware that you did [it]” and “mental illness or not ... you should be held responsible.” In other words, B.S. unequivocally expressed a belief that the defendant’s subsequent confession automatically defeats a defense based on mental illness. This belief cannot be reconciled with Minnesota law. Under Minnesota law, a defendant is not criminally responsible for his acts if he can prove that “at the time of committing the alleged criminal act [he] was laboring under such a defect of reason ... as not to know the nature of the act, or that it was wrong.” Minn.Stat. § 611.026 (2012); see also State v. Peterson,
Because B.S. believed that “if you confess then ... mental illness or not ... you should be held responsible,” she demonstrated actual bias against Munt’s defense. Munt admitted that he shot and killed Svetlana, but he asserted that he was not guilty by reason of his mental illness. Under B.S.’s belief, Munt “should be held responsible” even though the law provides that Munt should not be held criminally responsible if he can prove his mental-illness defense. Inherent in the principle of an impartial jury is that the jurors will apply the law impartially to the facts of the defendant’s case. A juror who states that she would automatically reject a mental-illness defense without faithfully applying the law to the defendant’s particular circumstances “has already formed an opinion on the merits,” and thus should be struck for cause. See Morgan v. Illinois,
B.
1.
The majority contends that B.S. did not demonstrate bias toward Munt’s mental-illness defense because that defense is governed by the M’Naghten standard and there is no evidence that B.S. was aware of the requirements to establish the defense under that standard. In particular, the majority observes that M’Naghten limits the availability of the defense to situations where a mental illness causes the defendant “not to know the nature of the act, or that it was wrong.” See Minn.Stat. § 611.026. But, according to the majority, B.S. might have been using the term “mental illness” more broadly, to encompass any and all emotional, cognitive, or behavioral impairments from which a defendant might suffer. Therefore, the majority reasons, B.S.’s statements do not express bias against Munt’s mental-illness defense.
I disagree with the conclusion that the majority draws from this analysis. It is true that B.S., a nonlawyer, did not phrase her answer in a way that mirrored the M’Naghten rule, and she may have attached a broad connotation to the term “mental illness.” But this interpretation of B.S.’s statement does not render the error that flows from it harmless. The structural error here has nothing to do with what B.S. meant by “mental illness.”
The majority also ignores practical realities when it relies on B.S.’s lack of knowledge of the M’Naghten rule. A prospective juror who understands during voir dire the substantive legal standards governing such matters as the elements of crimes and affirmative defenses is a rarity. Yet the majority authorizes district courts to ignore evidence of bias from jurors merely because the juror’s personal opinion is not precisely phrased to mirror the legal standard. Consider, for example, an intentional murder case in which self-defense is asserted. During voir dire, the prosecutor asks “what do you think if somebody comes into court and says, yeah I did it but I was defending myself and I am really not responsible for what I did.” The juror responds, “my personal opinion is that if you confess then self-defense or not you should be held responsible.” Applying the rule of law articulated in the majority’s opinion, such a statement would not establish actual bias because the juror did not expressly state that her reference to “self-defense” encompassed the legal standard for self-defense — proportional force used in response to a reasonable fear of great bodily harm or death that was not provoked by the defendant and for which there was not a reasonable opportunity to retreat. See State v. Basting,
Finally, the majority’s analytical approach is myopically formulaic, applying dictionary definitions to B.S.’s words while ignoring the context in which the statements were made. The district court and the trial attorneys had advised B.S. that mental illness would be relevant at trial. During the State’s voir dire, the prosecutor’s question to B.S. mirrored the facts of Munt’s case. Like the defendant in the prosecutor’s hypothetical, Munt had acknowledged his criminal act by confessing to his fiancée that he had shot and killed Svetlana, and he did not dispute that fact at trial; but he asserted that he was “really not responsible for what [he] did” because of his mental illness. When this hypothetical was presented to B.S. during voir dire, she expressed her personal opinion on an ultimate issue in the case— whether the defendant (Munt) “should be held responsible” on these facts despite his mental illness. B.S. revealed an opinion on the merits of the case based on her individual predilection, not on the evidence and the law. Notwithstanding the district court’s analysis of the juror’s demeanor that the majority opinion imagines occurred,- the majority’s conclusion that B.S. did not demonstrate “actual bias” against Munt’s defense lacks a foundation in both law and fact. See Dowd,
2.
The majority’s conclusion that B.S. did not show actual bias also is premised on the belief that there are two reasonable
While I agree that a subsequent confession may be probative of the defendant’s awareness at the time of the criminal act, B.S.’s statement plainly goes further than that and expresses a categorical belief that “if you confess then you are aware ... so you should be held responsible.” B.S.’s prejudgment is evident because such a categorical and unqualified conclusion cannot properly be drawn without hearing the evidence of Munt’s case. In other words, just as bias is demonstrated when a juror says that she would automatically favor the testimony of a police officer, see Nissalke,
Thus, under both the first and second interpretations of her statement, B.S. unequivocally expressed her belief that Munt’s subsequent confession automatically defeated his mental-illness defense. If that were the law in Minnesota, virtually no defendant could assert such a defense. By definition, an affirmative defense is one in which the defendant asks to be found not guilty despite the fact that the defendant admits (or the prosecution proves) the elements of the underlying criminal charge. See Black’s Law Dictionary 451 (8th ed.2004) (defining “affirmative defense” as the defendant’s assertion of facts that will defeat the prosecution’s claim “even if all the allegations in the complaint are true”). As such, the mental-illness defense is almost always raised in situations in which the defendant has acknowledged — either in court or outside of it— committing the criminal act. See, e.g., State v. McLaughlin,
3.
Citing a general duty to view B.S.’s voir dire testimony as a whole, the majority also contends that B.S.’s statements regarding the mental-illness defense do not demonstrate actual bias in light of her acknowledgement, in response to the questions from the district court, that (1) she would be able to follow the district court’s instructions, and (2) there was no reason
4.
Finally, the majority relies heavily on the deference we give to a district court’s determination that a prospective juror did not express actual bias. I agree that we owe deference when we review a district court’s ruling on a challenge for cause. But by mischaracterizing the nature and purpose of that deference, the majority effectively immunizes a juror’s expression of bias from appellate review. We give great deference to “[a] trial court’s findings of juror impartiality,” which “may be overturned only for manifest error.” Skilling v. United States, — U.S. -,
II.
If a juror expresses a belief demonstrating an inability to be impartial, then the juror must be excused unless she is rehabilitated. Logan,
Without the district court performing the work necessary to ascertain anything other than the plain meaning of B.S.’s statements, the plain meaning stands. And the plain meaning establishes that B.S. prejudged and rejected Munt’s mental-illness defense. See Hughes v. United States,
. Even if B.S. did ascribe a broad meaning to "mental illness,” and understood it to mean any cognitive, emotional, or behavioral impairment, I fail to see how that fact would support the majority's conclusion. After inserting the majority’s “general understanding” of mental illness into B.S:'s statement, it reads as follows: “if you confess then you are aware that you did [it], so basically [whether you have any cognitive, emotional, or behavioral impairment] or not ... you should be held responsible.” The majority's interpretation of B.S.’s statement demonstrates that B.S. believes that all mental illnesses — re
. In effect, the majority is compensating for the lack of rehabilitation in this case by importing testimony made before the biased statement to cure the error. One might cleverly coin the phrase "prehabilitation” to refer to this phenomenon. The only legal support the majority cites for its proposition comes from an intermediate appellate court from another jurisdiction. See People v. Willard, 226 A.D.2d 1014,
Dissenting Opinion
(dissenting).
I join in the dissent of Justice Wright.
Dissenting Opinion
(dissenting).
I join in the dissent of Justice Wright.