State ex rel. M.K

261 So. 3d 955
CourtLouisiana Court of Appeal
DecidedDecember 12, 2018
DocketNO. 2018-CA-0700
StatusPublished

This text of 261 So. 3d 955 (State ex rel. M.K) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. M.K, 261 So. 3d 955 (La. Ct. App. 2018).

Opinion

Judge Daniel L. Dysart

M.K., who appeared with counsel, was adjudicated delinquent for a violation of La. R.S. 14:62, simple burglary, at an adjudication hearing on April 17, 2017. The trial court imposed a one year sentence of incarceration, suspended, and imposed a one year term of active probation with special conditions. M.K. filed a motion to reconsider his sentence, which was denied. He now appeals his adjudication, arguing that the trial court erred in allowing exhibits from a Crime Lab Report to be admitted *956into evidence, and using the testimonial hearsay contained in that evidence as substantive evidence of guilt. For the reasons that follow, we affirm the ruling of the trial court.

BACKGROUND:

On December 21, 2016, Ms. Rebecca Schultz, was notified on her telephone that an active alarm had sounded at the house she was building at 8830 Cohn Street in New Orleans. The house was located about nine blocks from Ms. Schultz's residence. The alarm company also called her, and she asked that it notify the police. Ms. Schultz proceeded to Cohn Street, and called 911 on the way. She also called a neighbor across from the Cohn Street house, and he met her at the house. Ms. Schultz testified that she poked at the open rear door with her foot, but did not enter. The neighbor did enter and reported that no one was in the house.

Upon entering, Ms. Schultz noticed broken glass on the living room floor and that a window had been shattered. She noted that deck railings on the back of the property were broken, and that the window screen had been removed and was in the backyard. There was what appeared to be blood on the wall above the broken window, on the window frame and a bloody handprint on the back door.

Ms. Schultz testified that the same window had been broken by a thrown rock prior to this event. She chose not to notify the police, intending to repair the window. On this date, however, the glass was completely shattered. She stated that large appliances had been installed, but the house was not furnished. Ms. Schultz did not know M.K., and had not given him permission to be in the house.

New Orleans Police Officer Maurice Stewart testified that he was dispatched to the Cohn Street address for a possible burglary. He met with Ms. Schultz and entered the house, observing broken glass from a window on the floor, blood stains on the wall and around the broken window frame. The exit point appeared to be the open back door. The officer testified that he noted broken wooden railings on the back deck and window screens on the ground in the backyard. On cross-examination, Officer Stewart stated that there were bloody fingerprints throughout the living room.

The State called Officer Joseph Pollard, a latent print examiner with the New Orleans Police Department, who was accepted as an expert in fingerprint identification. He testified that his job duties include lifting fingerprints and identifying them, although he was not the officer who lifted the prints in this case. Instead, Officer Pollard was called upon in this case to link the prints to a suspect. After explaining the process of identifying finger prints, Officer Pollard determined that the prints belonged to M.K.1

Detective Stephen Williams was called by the State. He testified that he investigated the burglary at the Cohn Street house. His involvement in the case began upon receiving a fingerprint result sheet from the fingerprint unit. Over the defense's hearsay objection, the detective explained the process of beginning his investigation through use of the fingerprint report. He determined that M.K. was a suspect in the burglary and obtained an *957arrest warrant, and placed it on file with the National Crime Information Center.

Following closing argument by the defense, the trial court found M.K. guilty as charged, relying on the evidence that his fingerprints were found inside and outside of the burglarized home.

On June 19, 2018, the trial court imposed a sentence of one year incarceration, suspended, with one year active probation.

DISCUSSION:

M.K. argues that the trial court erred in admitting into evidence latent fingerprints that were allegedly lifted from the crime scene without the testimony of the technician who lifted the prints at the scene to corroborate that the prints were lifted from inside the Cohn Street house. Additionally, M.K. argues that the trial court erred in relying on the fingerprint evidence in adjudicating M.K. delinquent.

The standard of review for cases involving the Confrontation Clause of the United States Constitution is de novo. State v. Mullins, 14-2260, p. 2 (La. 1/27/16), 188 So.3d 164, 167.

In his first assignment of error, M.K. asserts that the trial court erred in allowing the exhibits (his fingerprints) from the Crime Lab Report to be admitted into evidence, and subsequently using the inadmissible exhibits as evidence of his guilt.

The basic premise of M.K.'s argument is that he should have had the opportunity to confront the technician who lifted the prints from the crime scene. He claims that the report of the technician amounts to testimonial evidence, and that therefore he should have been given the opportunity to question the technician. Relying on Crawford v. Washington, 541 U.S. 36, 59, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), he argues that the admission of "[t]estimonial statements of witnesses absent from trial" is only allowed when the declarant is unavailable, and "only when the defendant has had a prior opportunity to cross-examine." Further, M.K. stresses that the Supreme Court declined to create a "forensic evidence" exception for Confrontation Clause cases. Melendez-Diaz v. Massachusetts, 557 U.S. 305, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009).

To properly analyze M.K.'s argument, the distinction between testimonial and non-testimonial evidence must be examined. In State v. Grimes, 11-0984 (La.App. 4 Cir. 2/20/13), 109 So.3d 1007, this Court considered whether supervisors who had not performed DNA analyses could testify as to the actual analysts' findings contained in reports. This Court relied on Williams v. Illinois

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Related

Crawford v. Washington
541 U.S. 36 (Supreme Court, 2004)
Melendez-Diaz v. Massachusetts
557 U.S. 305 (Supreme Court, 2009)
The United States of America v. Willie Lee Dancy
861 F.2d 77 (Fifth Circuit, 1988)
Williams v. Illinois
132 S. Ct. 2221 (Supreme Court, 2012)
State v. Arita
900 So. 2d 37 (Louisiana Court of Appeal, 2005)
State v. Lee
577 So. 2d 1193 (Louisiana Court of Appeal, 1991)
State v. Woodard
387 So. 2d 1066 (Supreme Court of Louisiana, 1980)
State v. Nicholas
359 So. 2d 965 (Supreme Court of Louisiana, 1978)
State of Louisiana v. Vernon Mullins
188 So. 3d 164 (Supreme Court of Louisiana, 2016)
State v. Bolden
108 So. 3d 1159 (Supreme Court of Louisiana, 2012)
State v. Grimes
109 So. 3d 1007 (Louisiana Court of Appeal, 2013)

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Bluebook (online)
261 So. 3d 955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mk-lactapp-2018.