COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Elder and Overton
Argued at Richmond, Virginia
JOHN PATRICK HANLEY
MEMORANDUM OPINION * BY
v. Record No. 0188-96-4 JUDGE NELSON T. OVERTON
JUNE 24, 1997
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF WARREN COUNTY
Dennis L. Hupp, Judge
Thomas D. Logie for appellant.
Kathleen B. Martin, Assistant Attorney
General (James S. Gilmore, III, Attorney
General; H. Elizabeth Shaffer, Assistant
Attorney General, on brief), for appellee.
John Patrick Hanley appeals his convictions of driving under
the influence and driving on a suspended license. He contends
that the trial judge erred by refusing to strike a juror from the
panel. We disagree and affirm his convictions.
The parties are fully conversant with the record in the
cause, and because this memorandum opinion carries no
precedential value, no recitation of the facts is necessary.
Hanley claims that venireman David Bratton should have been
removed from the jury because he wrote on his jury questionnaire
that he presumed defendants to be guilty and that they had to
prove their innocence. Although Bratton did respond in that
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
manner on his questionnaire, he did not persist in this belief at
voir dire. In fact, Bratton told the judge that he had only put
that on his questionnaire to avoid jury duty.
On appeal, we give great deference to the trial judge’s
decision to exclude or retain a juror because the trial judge
observes and evaluates the juror. See Griffin v. Commonwealth,
19 Va. App. 619, 625, 454 S.E.2d 363, 366 (1995). The trial
judge’s decision will not be overturned unless the error is
manifest. See id. at 622, 454 S.E.2d at 365. The trial judge
heard Bratton’s answers and tone of voice and observed his
demeanor. The judge found Bratton to be impartial and competent
to serve on the jury. We cannot say that the trial court abused
its discretion or that there has been a showing of manifest error
in this determination.
Accordingly, the convictions are affirmed.
Affirmed.
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