State of Louisiana v. Robert Lee Heard, Jr.

CourtLouisiana Court of Appeal
DecidedNovember 7, 2018
DocketKA-0018-0236
StatusUnknown

This text of State of Louisiana v. Robert Lee Heard, Jr. (State of Louisiana v. Robert Lee Heard, Jr.) 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. Robert Lee Heard, Jr., (La. Ct. App. 2018).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

18-236

STATE OF LOUISIANA

VERSUS

ROBERT LEE HEARD, JR.

**********

APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST. LANDRY, NO. 12-4535 HONORABLE D. JASON MECHE, DISTRICT JUDGE

PHYLLIS M. KEATY JUDGE

Court composed of Billy Howard Ezell, Phyllis M. Keaty, and Van H. Kyzar, Judges.

AFFIRMED.

Paula C. Marx Louisiana Appellate Project Post Office Box 82389 Lafayette, Louisiana 70598-2389 (337) 991-9757 Counsel for Defendant/Appellant: Robert Lee Heard, Jr. Earl B. Taylor District Attorney Jennifer Ardoin Assistant District Attorney Post Office Drawer 1968 Opelousas, Louisiana 70571 (337) 948-0551 Counsel for Appellee: State of Louisiana KEATY, Judge.

Defendant, Robert Lee Heard, Jr., appeals the trial court’s conviction and

sentence for second degree murder. For the following reasons, we affirm the trial

court.

FACTS & PROCEDURAL BACKGROUND

Defendant, Robert Lee Heard, Jr., stabbed his wife, Demetra Doyle, multiple

times, which resulted in her death. On November 20, 2012, Defendant was indicted

on a charge of first degree murder in violation of La.R.S. 14:30. He filed a motion

to quash the indictment, which the trial court granted based upon its finding that it

was unconstitutionally vague as applied. On appeal, this court reversed the trial

court’s ruling and remanded the matter for further proceedings. See State v. Heard,

15-873 (La.App. 3 Cir. 4/6/16), 215 So.3d 825. Following remand, the State

amended the indictment to charge Defendant with second degree murder in violation

of La.R.S. 14:30.1. The matter proceeded to trial by jury on August 17, 2017, after

which Defendant was found guilty pursuant to an eleven-to-one verdict. On

August 24, 2017, Defendant orally presented a “Motion for Judgment of Acquittal

or in the Alternative Motion for New Trial,” which was later filed on August 29,

2017, and alleged that the evidence presented at trial supported a conviction of the

lesser included offense of manslaughter. The trial court denied Defendant’s motion

and, thereafter, sentenced him to a mandatory life sentence without benefit of

probation, parole, or suspension of sentence. Defendant appealed.

On appeal, Defendant asserts the following assignments of error:

I. The evidence is insufficient to support the guilty verdict of second degree murder; [Defendant] was provoked and killed his wife; the offense squarely fits within the definition of manslaughter.

II. The conviction of second degree murder should not stand as it results from a non-unanimous jury verdict, which supports the sufficiency argument herein that the state failed to prove its case beyond a reasonable doubt.

DISCUSSION

I. Errors Patent

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for

errors patent on the face of the record. After reviewing the record, we find no errors

patent.

II. First Assignment of Error

In Defendant’s first assignment of error, he contends that the evidence

adduced at trial supports the lesser included offense of manslaughter rather than

second degree murder. Defendant does not contend that the State failed to prove the

elements of second degree murder; rather, his argument is that he should have been

convicted of manslaughter.

When the sufficiency of evidence claim is raised on appeal, this court in State

v. Kennerson, 96-1518, p. 5 (La.App. 3 Cir. 5/7/97), 695 So.2d 1367, 1371,

discussed the following inquiry to be used by the reviewing court:

When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560, rehearing denied, 444 U.S. 890, 100 S.Ct. 195, 62 L.Ed.2d 126 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La.1981). It is the role of the fact finder to weigh the respective credibility of the witnesses, and therefore, the appellate court should not second guess the credibility determinations of the triers of fact beyond the sufficiency evaluations under the Jackson standard of review. See State ex rel. Graffagnino, 436 So.2d 559 (citing State v. Richardson, 425 So.2d 1228 (La.1983)). In order for this Court to affirm a conviction, however, the record must reflect that the state has satisfied its burden of proving the elements of the crime beyond a reasonable doubt.

2 Second degree murder “is the killing of a human being . . . [w]hen the offender

has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1.

Manslaughter is defined by La.R.S. 14:31(A)(1), which states in pertinent part:

A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender’s blood had actually cooled, or that an average person’s blood would have cooled, at the time the offense was committed[.]

Keeping in mind the foregoing jurisprudence and statutory law, we will now

examine the evidence presented at trial in this matter to determine whether the jury

could have found that the State proved beyond a reasonable doubt that Defendant

was the person who killed his wife, the victim.

Carolyn Booker, an employee of the Acadiana Crime Lab, testified for the

State at trial. She was accepted as an expert in forensic science with a specialty in

DNA analysis. Booker noted that Demetra’s fingernail clippings contained her own

blood along with a second, minor contributor. A partial DNA profile was obtained

which “could not exclude Robert Heard” as the minor contributor. According to

Booker’s statistical analysis, “the probability of selecting an unrelated individual

having the same minor profile was 1/130,000.” Booker revealed that she examined

a knife which contained Demetra’s blood on the blade and at least three DNA

profiles on the handle, i.e., Demetra and two other women. Booker stated that a pair

of men’s shoes were examined and contained the presence of Demetra’s blood,

although no conclusions could be made regarding the presence of Defendant’s DNA.

Booker noted that the presence of DNA on shoes may be impossible to detect when

the individual wearing the shoes wears socks. On cross-examination, Booker noted

3 there were many ways Defendant’s blood could have gotten under the victim’s

fingernails.

Dr. Christopher Tape, who was accepted as an expert in medical science with

a specialty in forensic pathology, also testified on the State’s behalf. Dr. Tape

testified that he performed Demetra’s autopsy wherein he noted numerous stab

wounds. He recalled a particular stab wound which pierced Demetra’s jugular,

larynx, and thyroid, and would have been fatal “without immediate medical

intervention.” Dr. Tape revealed that Demetra suffered from injuries to her lungs

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Related

Apodaca v. Oregon
406 U.S. 404 (Supreme Court, 1972)
Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
State v. Wright
978 So. 2d 1062 (Louisiana Court of Appeal, 2008)
State v. Peterson
290 So. 2d 307 (Supreme Court of Louisiana, 1974)
State v. Ruff
504 So. 2d 72 (Louisiana Court of Appeal, 1987)
State v. Baker
962 So. 2d 1198 (Louisiana Court of Appeal, 2007)
State v. Kennerson
695 So. 2d 1367 (Louisiana Court of Appeal, 1997)
State v. Robinson
754 So. 2d 311 (Louisiana Court of Appeal, 2000)
State v. Leger
936 So. 2d 108 (Supreme Court of Louisiana, 2006)
State v. Richardson
425 So. 2d 1228 (Supreme Court of Louisiana, 1983)
State v. Bertrand
6 So. 3d 738 (Supreme Court of Louisiana, 2009)
State v. Tompkins
403 So. 2d 644 (Supreme Court of Louisiana, 1981)
State v. Temple
394 So. 2d 259 (Supreme Court of Louisiana, 1981)
State v. Jackson
774 So. 2d 1046 (Louisiana Court of Appeal, 2000)
State Ex Rel. Graffagnino v. King
436 So. 2d 559 (Supreme Court of Louisiana, 1983)
State v. Massey
535 So. 2d 1135 (Louisiana Court of Appeal, 1988)
State v. Duncan
420 So. 2d 1105 (Supreme Court of Louisiana, 1982)
State v. Lombard
486 So. 2d 106 (Supreme Court of Louisiana, 1986)
State v. Moody
393 So. 2d 1212 (Supreme Court of Louisiana, 1981)
Leger v. Louisiana
127 S. Ct. 1279 (Supreme Court, 2007)

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