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Hodo v. State

Trial court's denial of defendant's request for sequestered voir dire did not deny defendant the right to a fair and impartial jury, since there was no evidence that the entire venire was tainted by responses of prospective jurors regarding their ability to be fair and impartial in light of the violent nature of the crimes and their past experience with violence.

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Following a jury trial, Kevin Hodo was convicted of felony murder while in the commission of aggravated assault and possession of a firearm by a convicted felon in connection with the fatal shooting of Bernard Dodds. Hodo appeals, challenging the conduct of voir dire, the admission of certain testimony, the allowed extent of cross-examination of a witness, the trial court’s alleged improper limitation of his counsel’s closing argument, and the court’s instruction to the jury. Finding the challenges to be without merit, we affirm.1

The evidence construed in favor of the verdicts showed that on the evening of January 31, 1996, Hodo and another man, identified as Hodo’s cousin, went to drug dealer Reed’s house to see about purchasing “powder cocaine.” After making several telephone calls, Reed rode with the men to a rooming house on South Gordon Street. Drugs were bought and sold there. Dodds worked at the rooming house as the “houseman,” and answered the door. Reed entered to “look at the product” while the other men waited in the car. After Reed told the men that “everything was all right,” the men too went into the rooming house. Hodo and his cousin paid $200 for the purported cocaine. The men went back to the car, examined their purchase, and then took Reed home about 6:00 p. m. or 7:00 p.m.

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