People v. Tatum CA2/1

BACKGROUND

Tatum and Devin Lowe (Lowe) grew up in the same neighborhood in south Los Angeles. Tatum lived on 119th Street, and Lowe lived on 115th Street. They had been friendly acquaintances for years, but beginning in March 2013, their relationship deteriorated; they had disagreements about “money,” and “all type[s] of things.” In the summer of 2013, Tatum warned Lowe to stay away from the neighborhood, and in a separate incident, Tatum brandished a weapon in front of Lowe. On the morning of October 17, 2013, Lowe’s half-brother Victor Valentine (Valentine) drove to Lowe’s home to pick up Lowe to go the gym. As Lowe waited for Valentine to arrive, he saw Tatum “flying up and down the street” in his car. Valentine picked Lowe up shortly before 8:30 a.m., and when Valentine’s car reached the intersection of 120th and Avalon Streets, Tatum pulled his car alongside Valentine’s car and began verbally harassing Lowe and Valentine. According to Lowe, Tatum was angry. Valentine asked Tatum if he wanted to fight, and Tatum agreed, suggesting that they meet to fight on 121st Street. Valentine drove to 121st Street, where Lowe and Valentine encountered a friend, sitting on the hood of his…

*1127 Opinion

—Vincent Anthony Tatum (Tatum) appeals from the judgment entered on his convictions of first degree murder and first degree attempted murder. Tatum asserts (among other claims) that the trial court erred in denying his motion for a mistrial. We agree, and we reverse.

BACKGROUND

Tatum and Devin Lowe (Lowe) grew up in the same neighborhood in south Los Angeles. Tatum lived on 119th Street, and Lowe lived on 115th Street. They had been friendly acquaintances for years, but beginning in March 2013, their relationship deteriorated; they had disagreements about “money,” and “all type[s] of things.” In the summer of 2013, Tatum warned Lowe to stay away from the neighborhood, and in a separate incident, Tatum brandished a weapon in front of Lowe.

On the morning of October 17, 2013, Lowe’s half brother Victor Valentine (Valentine) drove to Lowe’s home to pick up Lowe to go to the gym. As Lowe waited for Valentine to arrive, he saw Tatum “flying up and down the street” in his car. Valentine picked Lowe up shortly before 8:30 a.m., and when Valentine’s car reached the intersection of 120th and Avalon Streets, Tatum pulled his car alongside Valentine’s car and began verbally…

Dissenting.—No doubt the trial judge should not have shared her personal anecdote about plumbers during jury voir dire. Nonetheless, in my view, the court’s comments about plumbers did not usurp the jury’s function as the judges of witness credibility. And appellant has not shown the trial court abused its discretion when it denied his motion for a mistrial based on the court’s statements.

The record does not support the majority’s characterization of the judge’s comments. I do not think the jurors could have reasonably understood the court’s statements to mean that plumbers are liars or that jurors should not believe them. “ ‘The propriety and prejudicial effect of a particular comment are judged both by its content and by the circumstances in which it was made.’ ” (People v. Linwood (2003) 105 Cal.App.4th 59, 73 [ 129 Cal.Rptr.2d 73 ].) Here, viewed in its full context, the point of the court’s statement was to show how people, including the court, have biases based on their personal experiences and that the jurors must put them aside when they hear the testimony: As the court stated, only when the witness begins testifying, then “you can start to evaluate. But you can’t do it…