State of Louisiana v. Willie James Robertson

CourtLouisiana Court of Appeal
DecidedApril 2, 2014
DocketKA-0013-1234
StatusUnknown

This text of State of Louisiana v. Willie James Robertson (State of Louisiana v. Willie James Robertson) 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. Willie James Robertson, (La. Ct. App. 2014).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

KA 13-1234

STATE OF LOUISIANA

VERSUS

WILLIE JAMES ROBERTSON

**********

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. CR 137262 HONORABLE GLENNON P. EVERETT, DISTRICT JUDGE

BILLY HOWARD EZELL JUDGE

Court composed of Jimmie C. Peters, Billy Howard Ezell, and Phyllis M. Keaty, Judges.

CONVICTION REVERSED; SENTENCE VACATED; ORDER OF ACQUITTAL ENTERED.

Michael Harson District Attorney Fifteenth Judicial District Court Roger P. Hamilton, Jr. Assistant District Attorney P.O. Box 3306 Lafayette, LA 70502-3306 (337) 232-5170 COUNSEL FOR APPELLEE: State of Louisiana Edward John Marquet Louisiana Appellate Project Post Office Box 53733 Lafayette, LA 70505-3733 (337) 237-6841 COUNSEL FOR DEFENDANT/APPELLANT: Willie James Robertson EZELL, Judge.

Defendant, Willie James Robertson, was indicted in 2012 for the October 6,

1999, second degree murder of Irene Schoops. A jury trial commenced on May

29, 2013, and on May 30, the jury found Defendant guilty of manslaughter, a

violation of La.R.S. 14:31. Defendant was then sentenced on September 26, 2013,

to forty years imprisonment without the benefit of parole, probation, or suspension

of sentence but with credit for time served.

Defendant has perfected a timely appeal wherein he alleges the evidence

failed to support a conviction for manslaughter or second degree murder. For the

following reasons, we reverse Defendant’s conviction, vacate his sentence, and

enter an order of acquittal.

FACTS

Prior to the start of testimony, the State submitted into evidence the victim’s

death certificate and the autopsy report. According to the autopsy report, the

apparent cause of death was “sudden cardiac arrest,” at approximately 4:30 p.m. on

October 6, 1999.

Denise Breaux, the victim’s granddaughter, testified first at trial. She

explained that the victim worked with her mother, Karen Cordova, in a law office.

On October 6, 1999, the victim left work about 4:00 p.m. She was driven home by

one of the office workers. She went to the grocery store close to her house and

picked up some groceries.1 Ms. Breaux testified she saw the victim the day before,

on October 5, 1999, and on the morning of October 7, 1999. She called the victim,

but she did not answer the phone. Ms. Breaux called several times throughout the

1 This information apparently came from Mrs. Cordova, Ms. Breaux’s mother, who died a few years later. morning, and then called her mother at work to see if she knew the whereabouts of

the victim. They decided to check on her at the house.

Ms. Breaux testified that her mother arrived first. Ms. Breaux subsequently

let herself in with a key at the side door. She saw the victim lying on the floor in

the kitchen with the plastic grocery bags by her outstretched hand. She stated that

the back sliding double door was pushed in. After the police arrived, she and her

mother found that the house had been burglarized. The VCR and the victim’s

silverware were missing. She also noticed that the victim’s wedding ring was not

on her hand as it always was. She stated that the curtains in the living room were

pulled shut, which was not customary. It was also noted that some of the groceries

Ms. Schoops had purchased were missing from the plastic bags.

Chris Cogburn, a detective with the Lafayette Parish Sheriff’s Office, was

one of the original officers to process the crime scene. He took the photographs.

He noted that on the back porch close to the pushed-in double door was a

collection of gardening tools, including a screw driver. He also collected

fingerprints. He testified that he located a blue metal security box in the living

room from which he was able to lift a latent print. There was testimony that

seventy-nine latent fingerprints were collected altogether. There were no prints

found on any of the gardening tools located outside the pushed-in sliding door or

the screw driver. He testified that he made comparisons and none of the prints

matched Defendant’s.2

Detective Philip Buris, an officer with the Lafayette Police Department,

testified that the investigation was suspended in 2002. However, in 2011, he asked

2 There was no explanation given as to why Defendant was a suspect at the time of the offense.

2 a crime scene technician to reprocess the fingerprints through the Automated

Fingerprint Identification System [AFIS], and among other prints, Defendant’s

prints were highlighted. After he inquired and learned that no one in the victim’s

family knew Defendant, he obtained an arrest warrant.

Detective Scott Broussard, a crime scene investigator with the Lafayette

Police Department, and Detective Dwayne Angelle, an officer with the Lafayette

Parish Sheriff’s Office assigned to the Metro Crime Scene Unit, were both

qualified at trial as experts in fingerprint analysis. They both examined the latent

print discovered on the blue security box and compared the fingerprint to

Defendant’s prints and determined that the print on the box indeed was

Defendant’s. Detective Broussard testified that two of the prints found on the

“point of entry” were also Defendant’s prints.

Defendant was subsequently charged with second degree murder.

ASSIGNMENT OF ERROR

Defendant argues that there was no evidence connecting him with the

victim’s death. The only evidence submitted were Defendant’s alleged fingerprints,

found in the house along with seventy-nine other fingerprints. The victim was not

found until the next day, more than eighteen hours after the estimated time of

death. There was no DNA processed. Defendant submits the evidence was

insufficient pursuant to Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781 (1979),

and that all reasonable hypotheses of innocence were not eliminated beyond a

reasonable doubt as required when the conviction was based primarily on

circumstantial evidence.

In State v. Dotson, 04-1414, pp. 1-2 (La.App. 3 Cir. 3/2/05), 896 So.2d 310,

312, this court has explained the insufficiency analysis as follows:

3 In considering questions of sufficiency of the evidence, a reviewing court must consider the evidence presented in the light most favorable to the prosecution and consider whether a rational trier of fact could have concluded that the essential elements of the offense were proven beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). The reviewing court defers to rational credibility and evidentiary determinations of the trier of fact. State v. Marcantel, 00-1629 (La.4/3/02), 815 So.2d 50.

State v. Chesson, 03-606, p. 5 (La.App. 3 Cir. 10/1/03), 856 So.2d 166, 172, writ denied, 03-2913 (La.2/13/04), 867 So.2d 686.

Further, when the conviction is based upon circumstantial evidence, La.R.S. 15:438 provides that such evidence must exclude every reasonable hypothesis of innocence. State v. Camp, 446 So.2d 1207 (La.1984); State v. Wright, 445 So.2d 1198 (La.1984). However, La.R.S. 15:438 does not establish a stricter standard of review on appeal than the rational juror’s reasonable doubt standard. The statute serves as a guide for the jury when considering circumstantial evidence.

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Related

Coffin v. United States
156 U.S. 432 (Supreme Court, 1895)
Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
State v. Marcantel
815 So. 2d 50 (Supreme Court of Louisiana, 2002)
State v. Dotson
896 So. 2d 310 (Louisiana Court of Appeal, 2005)
State v. Wright
445 So. 2d 1198 (Supreme Court of Louisiana, 1984)
State Ex Rel. Elaire v. Blackburn
424 So. 2d 246 (Supreme Court of Louisiana, 1982)
State v. Chesson
856 So. 2d 166 (Louisiana Court of Appeal, 2003)
State v. Hopkins
908 So. 2d 1265 (Louisiana Court of Appeal, 2005)
State v. Camp
446 So. 2d 1207 (Supreme Court of Louisiana, 1984)
State v. Sepulvado
59 So. 3d 463 (Louisiana Court of Appeal, 2011)

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