AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was involved in two separate incidents with Anthony Mah, with whom she had a romantic relationship and shared four children. The first incident occurred in February 2011, where the Defendant found Mah with another woman and repeatedly rammed her vehicle into Mah's parked vehicle. The second incident happened in November 2011, where after spotting Mah with a friend and three female passengers, the Defendant pursued and rear-ended Mah's vehicle multiple times, causing it to flip and resulting in the death of Mah's friend, Brandon Vann. The Defendant was charged with murder in the second degree, three counts of aggravated battery with a deadly weapon, and one count of aggravated battery on a household member (paras 2-5).

Procedural History

• APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY: The Defendant was convicted of all charges (para 5).

Parties' Submissions

• Defendant: Argued that the systematic removal of Spanish-only speaking jurors from the jury panels violated her right to a fair and impartial jury. Also claimed that the district court abused its discretion by failing to sever the charges stemming from two separate incidents (para 1).
• State: Contended that the Defendant failed to preserve her objection to the composition of the jury venire and waived her right to object under Section 38-5-16. Also argued against the claim of systematic exclusion of Spanish-only speakers from jury panels (paras 7, 10).

Legal Issues

• Whether the systematic exclusion of Spanish-only speaking jurors from the jury panels violated the Defendant's right to a fair and impartial jury.
• Whether the district court abused its discretion in denying the Defendant’s motion to sever the charges stemming from two separate incidents.

Disposition

• The Court of Appeals affirmed the district court's decision, concluding that the Defendant failed to establish a prima facie case of systematic exclusion of Spanish-only speakers from jury panels and that the district court did not abuse its discretion in denying the motion to sever (para 1).

Reasons

• M. MONICA ZAMORA, Judge (JAMES J. WECHSLER, Judge concurring): Found that the Defendant did not waive her right to object to the composition of the jury venire as she was not aware of the clerk’s policy until after her trial. Concluded that the Defendant failed to establish the systematic exclusion of Spanish-only speakers from the jury panels and that the district court did not abuse its discretion by denying the motion to sever (paras 7-26).
  LINDA M. VANZI, Judge (dissenting): Disagreed with the majority, arguing that the systematic and complete exclusion of Spanish-only speakers from the panels violated the Defendant's right to a venire representing a cross-section of the community. Criticized the majority for not adequately addressing the constitutional violation and for applying an inappropriate test to the situation. Believed that economic concerns could not justify the exclusion of Spanish-only speakers from jury panels (paras 29-33).