JOE JOHNSON
v.
STATE
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Joe Johnson challenged his manslaughter conviction by seeking a writ of error coram nobis based on an affidavit alleging jury misconduct. The Florida Supreme Court affirmed the trial court's dismissal, holding that a juror cannot impeach his own verdict by testifying about the jury's motives and deliberations.
A juror cannot impeach his own verdict or the jury's verdict by testifying as to the motives that actuated the jury in its deliberations and in reaching its verdict. The trial court properly exercised its discretion in denying the writ of error coram nobis, and the judgment of conviction is affirmed.
“The substance of the affidavit was tantamount to an attempt on the part of the juror to impeach his own verdict and that of the jury by testimony as to the motives which actuated the jury in its deliberations and in reaching its verdict. No principal of law is better settled than that this cannot be done.”
Establishes the core legal principle that a juror cannot testify about jury motives to impeach a verdict
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Join FLexlaw to unlock all legal intelligenceJohnson was convicted of manslaughter and that conviction was affirmed by the Florida Supreme Court. Johnson later applied for a writ of error coram n…
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A judgment of conviction for manslaughter against the plaintiff in error was affirmed by this-*88Court. Permission having been granted by us, application for writ of error coram nobis was filed in the circuit court. The State moved to dismiss on the ground that the application was filed after the time allowed under the law for filing such applications. Pleas were also filed testing the sufficiency of the application on which it was predicated. The trial court sustained the pleas and dismissed application. This writ of error is to the latter order.
The gist of the affidavit on which the application for writ of error coram nobis is predicated is that a former constable offered affiant, a member of the jury, ten dollars if he would give plaintiff in error “the works” but after the trial was concluded and plaintiff in error was convicted he (former constable) refused to pay affiant the ten dollars because he had not given plaintiff in error “the works.” The affidavit was unsupported.
The substance of the affidavit was tantamount to an attempt on the part of the juror to impeach his own verdict and that of the jury by testimony as to the motives which actuated the jury in its deliberations and in reaching its verdict. No principal of law is better settled than that this cannot be done. Kelly v. State, 39 Fla. 122, 22 So. 303; Hamp v. State, 130 Fla. 801, 178 So. 833; 16 C. J. Sec. 2757.
The question of granting a writ of error coram nobis is vested in the sound discretion of the trial judge and his judgment will not be reversed by this Court unless there is shown to be a clear abuse of discretion. The fact that this Court has granted permission to make the application does not inhibit the circuit court from testing its sufficiency in the light of considerations before him. The evidence in this case was ample to support the conviction and the affidavit on which the application was made was such that the trial court was clearly within his discretion in denying it.
*89The judgment is therefore affirmed.
Affirmed.
Buford and Thomas, J. J., concur.
Whitfield, J., concurs in opinion and judgment.
Justices Brown and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dempsey-Vanderbilt Hotel, Inc. v. Coanraad Huisman, 153 Fla. 800 (Fla. 1943)…Hayes, 16 Fla. 368; Godwin v. Bryan, 16 Fla. 396; McMurray v. Basnett, 18 Fla. 609; Kelley v. State, 39 Fla. 122, 22 So. 303; Langford v. King Lumber & Mfg. Co., 123 Fla. 855, 167 So. 817; Hamp v. State, 130 Fla. 801, 178 So. 833; Johnson v. State, 144 Fla. 87, 197 So. 721. Neither may an affidavit made by a person, [*806] based upon information derived from statements of a juror as to the conduct of the jury in the jury room, be used for such purpose. The affidavit of the outsider is entitled to no great…
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Roberts v. State, 154 Fla. 36 (Fla. 1944)…. Hayes, 16 Fla. 368; Godwin v. Bryan, 16 Fla. 396; McMurray v. Basnett, 18 Fla. 609; Kelly v. State, 39 Fla. 122, 22 So. 303; Langford v. King Lumber & Mfg. Co., 123 Fla. 855, 167 So. 817; Hamp v. State, 130 Fla. 801, 178 So. 833; Johnson v. State, 144 Fla. 87, 197 So. 721; Dempsey-Vanderbilt Hotel Inc., v. Huisman, 153 Fla. 800, 15 So. (2nd) 903. The recommendation made by the jury was a matter addressed merely to the sound judicial discretion of the trial judge; it was not binding upon him. Its inclusi…
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State v. Ramirez, 73 So. 2d 218 (Fla. 1954)…be set aside; but matters resting in the personal consciousness of one juror should not be received to overthrow the verdict, because, being personal, it is not accessible to other testimony.” See also Coker v. Hayes, 16 Fla. 368; Johnson v. State, 144 Fla. 87, 197 So. 721; Roberts v. State, 154 Fla. 36, 16 So. 2d 435. In disposing of this appeal it should be noticed that the provisions of Chapter 920, Florida Statutes 1951, F.S.A., authorize the trial court, when a verdict has been rendered against a de…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kelly v. State, 39 Fla. 122 (Fla. 1897)
- Flozell Hamp v. State, 130 Fla. 801 (Fla. 1937)