State of Louisiana v. Horatio Adams

CourtLouisiana Court of Appeal
DecidedDecember 5, 2012
DocketKA-0012-0663
StatusUnknown

This text of State of Louisiana v. Horatio Adams (State of Louisiana v. Horatio Adams) 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. Horatio Adams, (La. Ct. App. 2012).

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

12-663 consolidated with 12-664

STATE OF LOUISIANA

VERSUS

HORATIO ADAMS

**********

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. CR122565 AND CR131202 HONORABLE EDWARD D. RUBIN, DISTRICT JUDGE

OSWALD A. DECUIR JUDGE

Court composed of Sylvia R. Cooks, Oswald A. Decuir, and Shannon J. Gremillion, Judges.

CONVICTIONS AFFIRMED; SENTENCES VACATED AND REMANDED FOR RESENTENCING.

Alan P. Haney, Assistant District Attorney Fifteenth Judicial District Court P.O. Box 4308 Lafayette, LA 70502 (337) 291-7009 COUNSEL FOR APPELLEE: State of Louisiana Beth S. Fontenot Louisiana Appellate Project P. O. Box 3183 Lake Charles, LA 70602-3183 (337) 491-3864 COUNSEL FOR DEFENDANT/APPELLANT: Horatio Adams DECUIR, Judge.

Defendant, Horatio Adams, was charged with attempted second degree

murder, a violation of La.R.S. 14:27 and La.R.S. 14:30.1, and aggravated second

degree battery, a violation of La.R.S. 14:34.7. A jury found Defendant guilty of a

lesser offense, attempted manslaughter, on count one; on count two, it found him

guilty as charged. Defendant was sentenced to twenty years at hard labor for the

attempted manslaughter conviction and fifteen years for the aggravated second

degree battery. The court consolidated this matter with a habitual offender

proceeding against Defendant and sentenced him as an habitual offender.

Defendant now appeals his convictions and habitual offender sentence,

assigning four errors.

FACTS

At approximately midnight of April 19, 2009, Defendant stabbed his ex-

girlfriend, Christy Champagne, and the man she was staying with, Dana Guilbeau,

in a trailer park in Lafayette Parish. Both were hospitalized but survived.

KA12-663

CHALLENGES FOR CAUSE

In his first assignment of error, Defendant argues the trial court erroneously

denied his challenges for cause regarding two venire members.

This court has explained:

The purpose of voir dire is to test the competency and impartiality of prospective jurors to determine whether they are fit to serve on the jury. Voir dire is designed to uncover information about the prospective jurors, which may be used as a basis for challenges for cause or exercise of peremptory challenges. State v. Berry, 95-1610 (La.App. 1 Cir. 11/8/96); 684 So.2d 439, writ denied, 97-0278 (La.10/10/97); 703 So.2d 603. When a defendant exposes the partiality of a juror, the juror may not be automatically excluded for cause. The state or the trial court may rehabilitate the juror by asking questions and obtaining answers demonstrating the juror’s ability to decide the case impartially pursuant to law and evidence. Ultimately, the trial court has the power to determine whether or not a juror may be excused for cause. State v. Turner, 96-845 (La.App. 3 Cir. 3/5/97); 692 So.2d 612, writ denied, 97-2761 (La.2/20/98); 709 So.2d 773.

To succeed on appeal with the claim that the trial court erroneously denied the challenge of a prospective juror for cause, a defendant must exhaust his peremptory challenges and show that the trial court’s denial of his challenge for cause was an abuse of discretion. State v. Cross, 93-1189 (La.6/30/95); 658 So.2d 683; State v. Robertson, 92-2660 (La.1/14/94), 630 So.2d 1278; appeal after remand, 97-0177 (La.3/4/98); 712 So.2d 8, cert. denied, 525 U.S. 882, 119 S.Ct. 190, 142 L.Ed.2d 155 (1998); Turner, 692 So.2d 612. Once these factors have been established, prejudice is presumed and need not be shown by the defendant. Id.; Cross, 658 So.2d 683. In Cross, the Louisiana Supreme Court stated that a trial court's erroneous ruling on a challenge for cause, depriving the defendant of one of his peremptory challenges, “constitutes a substantial violation of [the defendant’s] constitutional and statutory rights, requiring reversal of the conviction and sentence.” In Turner, 692 So.2d at 616, we wrote:

The trial judge is vested with broad discretion in ruling on challenges for cause, and his ruling will be reversed only when a review of the entire voir dire reveals the judge abused his discretion. State v. Robertson, 630 So.2d 1278. “A trial judge’s refusal to excuse a prospective juror for cause is not an abuse of discretion, notwithstanding that the juror has voiced an opinion seemingly prejudicial to the defense, where subsequently, on further inquiry or instruction, [the juror] has demonstrated a willingness and ability to decide the case impartially according to the law and the evidence.” Cross, 658 So.2d at 687. See also State v. Welcome, 458 So.2d 1235 (La.1983), cert. denied, 470 U.S. 1088, 105 S.Ct. 1856, 85 L.Ed.2d 152; State v. Passman, 345 So.2d 874, 880 (La.1977). In this case, defendant exhausted all of his peremptory challenges. Thus, the only question left for our determination on appeal is whether the trial judge erred in denying defendant’s challenge seeking to excuse [the prospective juror] from the jury venire for cause.

Therefore, we must consider whether the trial court committed error in denying Defendant’s challenge for cause of [the] juror.

State v. Schmidt, 99-1412, pp. 30-31 (La.App. 3 Cir. 7/26/00), 771 So.2d 131, 148-

49, writ denied, 00-2950 (La. 9/28/01), 798 So.2d 105, cert denied, 535 U.S. 905,

122 S.Ct. 1205 (2002).

2 By our count, Defendant used more than twelve peremptory challenges. The

State appears to concede that Defendant used all his peremptory challenges.

Defendant notes that venire member Giffen expressed a bias in favor of

police officers and alleges that the trial court’s questions did not adequately

address the issue. Specifically, Defendant alleges the question and answer

regarding whether Giffen would believe an officer she did not find credible neither

reveals nor negates anything about the probable bias she had expressed.

Although the jurisprudence is replete with cases such as Schmidt that affirm

a trial court’s discretion regarding a challenge for cause, the record here shows that

no rehabilitation took place. Defendant alleges that the trial court also failed to

adequately address the issues raised by venire member Blanchard, who had

relatives in the FBI.

In State v. Johnson, 06-623, pp. 18-19 (La.App. 3 Cir. 11/2/06), 941 So.2d

696, 708, writ denied, 06-3024 (La. 9/14/07), 963 So.2d 995, this court conducted

an analysis of this issue and concluded:

In the case sub judice, there were witnesses present when the Defendant stabbed Jerry and the Defendant admitted she stabbed him. Therefore, we find that, as in Price, 842 So.2d 491, the testimony of police officers was not crucial to the State’s case. Furthermore, prospective juror Dudley was sufficiently rehabilitated, as he indicated he could be neutral and judge the facts of the case. Accordingly, we find the trial court properly denied the Defendant’s challenge for cause as to prospective juror Dudley.

The following year, in State v. Roberts, 06-765, (La.App. 3 Cir. 1/17/07), 947

So.2d 208, writ denied, 07-362 (La. 10/5/07), 964 So.2d 938, the court reached the

same conclusion.

In the present case, the State presented the testimony of each of the two

victims, as well as the testimony of a lay eyewitness. Thus, testimony from law

enforcement witnesses was not crucial to the State’s case. Two deputies gave

potentially significant testimony: one stated that Defendant admitted stabbing the 3 female victim; the other deputy testified Defendant admitted he meant to do

it.

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Related

State v. Robertson
630 So. 2d 1278 (Supreme Court of Louisiana, 1994)
State v. Johnson
941 So. 2d 696 (Louisiana Court of Appeal, 2006)
State v. Turner
692 So. 2d 612 (Louisiana Court of Appeal, 1997)
State v. Cross
658 So. 2d 683 (Supreme Court of Louisiana, 1995)
State v. Casey
775 So. 2d 1022 (Supreme Court of Louisiana, 2000)
State v. Schmidt
771 So. 2d 131 (Louisiana Court of Appeal, 2000)
State v. Brandenburg
949 So. 2d 625 (Louisiana Court of Appeal, 2007)
State v. Roberts
947 So. 2d 208 (Louisiana Court of Appeal, 2007)
State v. Price
842 So. 2d 491 (Louisiana Court of Appeal, 2003)
State v. Welcome
458 So. 2d 1235 (Supreme Court of Louisiana, 1984)
State v. Robertson
712 So. 2d 8 (Supreme Court of Louisiana, 1998)
State v. Passman
345 So. 2d 874 (Supreme Court of Louisiana, 1977)
State v. Berry
684 So. 2d 439 (Louisiana Court of Appeal, 1996)
Guinn v. Kemp
136 So. 764 (Louisiana Court of Appeal, 1931)
State v. Burton
649 So. 2d 694 (Louisiana Court of Appeal, 1994)
Bourque v. Louisiana Health System Corp.
964 So. 2d 938 (Supreme Court of Louisiana, 2007)
Thomas v. Maryland
470 U.S. 1088 (Supreme Court, 1985)
Robertson v. Hanks
525 U.S. 881 (Supreme Court, 1998)

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State of Louisiana v. Horatio Adams, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-horatio-adams-lactapp-2012.