State of Louisiana v. Derrick Ryan Small

CourtLouisiana Court of Appeal
DecidedMarch 25, 2020
DocketKA-0019-0699
StatusUnknown

This text of State of Louisiana v. Derrick Ryan Small (State of Louisiana v. Derrick Ryan Small) 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 of Louisiana v. Derrick Ryan Small, (La. Ct. App. 2020).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

19-699 STATE OF LOUISIANA

VERSUS

DERRICK RYAN SMALL

************ APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 11613-18 HONORABLE ROBERT L. WYATT, DISTRICT JUDGE

************ SYLVIA R. COOKS JUDGE ************

Court composed of Sylvia R. Cooks, John D. Saunders, and Candyce G. Perret, Judges.

AFFIRMED.

John F. DeRosier, District Attorney Karen McLellan, Assistant District Attorney 901 Lakeshore Drive, Suite 800 Lake Charles, LA 70601 (337) 437-3400 COUNSEL FOR APPELLEE: State of Louisiana

Walter M. Sanchez Tony C. Fazzio Alexander L. H. Reed The Sanchez Law Firm, L.L.C. 1200 Ryan Street Lake Charles, LA 70601 (337) 433-4405 COUNSEL FOR DEFENDANT/APPELLANT: Derrick Ryan Small COOKS, Judge.

FACTS AND PROCEDURAL HISTORY

On January 10, 2018, Defendant, Derrick Ryan Small, and the victim, Jalen

Handy, arranged via Snapchat for Defendant to sell marijuana to the victim. When

the actual meeting occurred, the victim walked over to Defendant’s vehicle.

Through the open window, the victim grabbed the marijuana and took off running.

Defendant, claiming he was in fear of his life, drew his pistol from between his seat

and his center console and shot the victim twice as he was running away. The victim,

who was shot in the head, died from his injuries.

Defendant was charged by a grand jury with the second degree murder of

Jalen Handy, in violation of La.R.S. 14:30.1. Subsequently, an amended indictment

charged Defendant with the first degree murder of Jalen Handy during the course of

a drug deal gone wrong, in violation of La.R.S. 14:30(A)(6).

Following jury selection and opening arguments, Defendant filed a motion for

mistrial, alleging the State violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194

(1963), by intentionally failing to disclose that a search warrant inaccurately

described a cell-phone recovered from the crime scene as belonging to the victim

when it was in fact Defendant’s cell-phone. The motion was denied by the trial court

and Defendant sought an emergency writ of review with this court in docket number

19-85. This court denied Defendant’s writ, stating:

WRIT DENIED: Based on the showing made, there is no error in the trial court’s ruling. Ownership of the cell phone at issue was a matter that Defendant knew or should have known or could have clarified with information available to him. State v. Hobley, 98-2460 (La. 12/15/99), 752 So.2d 771. Further, Defendant has failed to demonstrate prejudice, as the State was unable to access information in the phone.

State v. Small, 19-85 (La.App. 3 Cir. 1/31/19) (unpublished opinion).

During trial, an issue arose regarding Defendant’s discharge from the military,

which was “under other than honorable conditions.” In particular, the State

2 questioned Defendant as to why he said he was discharged for drug use when there

were other considerations involved, including abandoning his post and coaching

another soldier to use synthetic marijuana to pass a drug test. Defendant again

sought a mistrial, this time based upon prosecutorial misconduct, claiming the

State’s contention during cross-examination that Defendant lied about the cause of

his discharge had prejudiced the jury against him and denied him his right to a fair

trial. The trial court again denied Defendant’s request for a mistrial stating it did not

“feel that the State ha[d] done anything which would merit a mistrial at th[at] time.”

Nonetheless, the trial court allowed Defendant to introduce his entire military

records to clarify to the jury the circumstances surrounding his discharge.

The jury found Defendant guilty of the first degree murder of Jalen Handy.

The trial court sentenced Defendant to a mandatory life sentence without benefit of

probation, parole, or suspension of sentence. Defendant now appeals his conviction

and sentence, asserting that both of his motions for mistrial should have been

granted. For the following reasons, we affirm Defendant’s conviction and sentence.

ANALYSIS

In his first assignment of error, Defendant contends “[t]he trial court

committed legal error in denying Defendant’s Motion for Mistrial filed in response

to the State’s Brady Violation.” As noted above, the motion for mistrial in question

is the same motion which was the subject of this court’s prior ruling in docket

number 19-85. The State asserts this assignment of error lacks merit due to this

court’s prior ruling. We agree and find the law of the case doctrine renders this

argument meritless.

In State v. Dickerson, 14-170, pp. 9-10 (La.App. 3 Cir. 6/4/14), 140 So.3d 904, 909-

10, writ denied, 14-1466 (La. 3/13/15), 161 So.3d 638, this court stated the following

regarding the “law of the case” doctrine:

3 Under the “law of the case” doctrine, prior decisions of the appellate court are considered binding and may not be reconsidered on appeal absent clear error. Juneau v. State, 06–1653 (La.App. 3 Cir. 5/2/07), 956 So.2d 728, writ denied, 07–1177 (La.9/14/07), 963 So.2d 1004; State v. Molineux, 11–275 (La.App. 4 Cir. 10/19/11), 76 So.3d 617, writ denied, 11– 2556 (La.3/30/12), 85 So.3d 117. “The [law of the case] doctrine is discretionary and should not be applied where it would effectuate an obvious injustice or where the former appellate decision was clearly erroneous.” Juneau, 956 So.2d at 733 (quoting Trans La. Gas Co. v. La. Ins. Guar. Ass’n, 96–1477 (La.App. 1 Cir. 5/9/97), 693 So.2d 893, 896) (alternations in original).

....

As this honorable court has already ruled on the issue of whether Defendant is entitled to discover the identities of the informants, it may not be reconsidered on appeal absent clear error by the appellate court. Defendant has failed to present any new evidence showing that the denial amounted to clear error or an unjust result. As such, we shall not reconsider Defendant’s right to discover the identity of the informants on appeal.

Although Defendant acknowledges in his “Jurisdictional Statement” that docket

number 19-85 was a writ application seeking review of the alleged Brady violation

addressed in his appeal, he fails to address this court’s prior ruling in his brief on the topic.

As noted above, this court denied Defendant’s writ application on this issue, finding no

error in the trial court’s ruling. Defendant’s argument to this court is the same argument

presented in Defendant’s prior writ application, and, as such, presents no new argument as

to why this court’s prior ruling should be considered clear error. Therefore, this assignment

of error lacks merit.

Defendant’s second and final assignment of error contends the trial court erred

in denying his motion for mistrial based upon prosecutorial misconduct.

Specifically, Defendant contends the State intentionally misled the jury into

believing Defendant lied to them during his direct testimony regarding the reason

for his military discharge when Defendant was honest about the reason for his

discharge but omitted other incidents of misconduct which were taken into

consideration but were not listed as the reason for his discharge. When the trial court

denied Defendant’s motion for mistrial, it nonetheless allowed defense counsel to

4 enter Defendant’s entire military record into evidence. As noted by the State, the

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Related

Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
Trans La. Gas v. LA. INS. GUAR. ASS'N
693 So. 2d 893 (Louisiana Court of Appeal, 1997)
State v. Hobley
752 So. 2d 771 (Supreme Court of Louisiana, 1999)
State v. Clark
851 So. 2d 1055 (Supreme Court of Louisiana, 2003)
State v. Dickerson
140 So. 3d 904 (Louisiana Court of Appeal, 2014)
State v. Molineux
76 So. 3d 617 (Louisiana Court of Appeal, 2011)
Juneau v. State
956 So. 2d 728 (Louisiana Court of Appeal, 2007)

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State of Louisiana v. Derrick Ryan Small, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-derrick-ryan-small-lactapp-2020.