State v. Bates

501 So. 2d 950, 1987 La. App. LEXIS 8493
CourtLouisiana Court of Appeal
DecidedJanuary 21, 1987
DocketNo. 18291-KA
StatusPublished
Cited by3 cases

This text of 501 So. 2d 950 (State v. Bates) 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 v. Bates, 501 So. 2d 950, 1987 La. App. LEXIS 8493 (La. Ct. App. 1987).

Opinion

FRED W. JONES, Jr., Judge.

The defendant Bates was indicted for aggravated rape. A jury found defendant guilty of forcible rape. (La.R.S. 14:42.1). A presentenee investigation was ordered and reviewed. Defendant was subsequently sentenced to serve 30 years at hard labor, five years to be served without benefit of probation, parole or suspension of sentence.

Defendant appealed, reserving 29 assignments of error. Seven assignments were abandoned. The remaining assignments of error can be consolidated into seven issues on appeal:

(1) Whether the trial court erred in not ordering a mistrial or quashing the general venire because of pretrial contact between the prosecution and prospective jurors.
(2) Whether the trial court erred in not ordering the state to produce the whole, as opposed to an excised copy of a deputy’s report, crime lab results and reports, a chart used by a state’s witness while testifying, and certain inculpatory statements made by defendant.
(3) Whether the trial court erred in admitting into evidence defendant’s confession, and the deputy’s notes interpreting defendant’s statements contained in the confession.
(4) Whether the trial court erred in denying defendant’s oral motion to suppress all evidence obtained by the prosecution from a post-arrest, pre-indictment lineup.
(5) Whether the trial court erred in not ordering sequestered voir dire, and al[952]*952lowing a prospective juror to claim a personal exemption.
(6) Whether the trial court erred in giving a certain jury charge.
(7) Whether the trial court erred in imposing a five year “without benefit” sentence based upon the advanced age of the victim, and in imposing an excessive sentence.

Finding defendant’s assignments of error to be without merit, we affirm his conviction and sentence.

Factual Context

On July 10, 1984, the 85-year-old victim, a resident of Joyce, Louisiana, was home alone and asleep when she was awakened by a knock at her door. She retrieved a pistol and went to the door. The man at the door, later identified as defendant, asked for the victim’s stepdaughter. The victim informed defendant how to find her stepdaughter.

Defendant then left and went to his car but did not leave the driveway. He subsequently returned to the door and asked to be admitted. After the victim’s negative response, defendant attempted to break in. The victim used her pistol to force him to desist.

Defendant then feigned collapse and asked for water. The victim brought defendant a glass of water and he drank it. When he returned the glass, defendant grabbed the victim by the arm. Defendant forced his way into the residence, beat the victim, and forced her to engage in sexual intercourse.

Suspicion was focused upon defendant because of his acquaintance with the victim’s stepdaughter. When defendant was subsequently arrested for other offenses, he was interrogated by officers of the Winn Parish Sheriff’s Department and admitted having had sexual intercourse with the victim.

Further investigation revealed defendant was among the small percentage of men who could have left the seminal fluid obtained from the victim’s vagina, her clothing, and the bedding. A comparison of hair obtained from the scene of the rape and defendant’s hair showed the same general characteristics. In addition, the victim identified defendant as her assailant in a line-up and during trial.

Jury Venire

Defendant contends the trial court erred in not ordering a mistrial or quashing the general venire because of prejudice that resulted from being denied access to information the state obtained from prospective jurors by a mailed questionnaire. Defendant also complains about the inclusion of a telephone number which the prospective jurors could call for additional information. Defendant argues the procedure was unfair and resulted in a deprivation of due process.

A judgment or ruling shall not be reversed by an appellate court because of error, defect, irregularity, or variance which does not affect substantial rights of the accused. La.C.Cr.P. Article 921. A general venire shall not be set aside for any reason unless fraud has been practiced or some great wrong committed that would work irreparable injury to the defendant. La.C.Cr.P. Article 419.

The questionnaire was used as a time-saving device. It requested basic biographical data and limited information about the prospective juror’s prior contact with the court system. The information requested was within the scope of voir dire examination.

The telephone number reached a recording device that advised the caller whether the jury session was still on the calendar (jury terms are occasionally unnecessary because guilty pleas are entered or continuances are granted). The prospective jurors could not leave messages, and the machine did not count incoming calls. This system reduced, instead of enhanced, any chance for personal contact between personnel in the prosecutor’s office and the prospective jurors.

After the juror contact was revealed, no inquiry on voir dire examination of any prospective juror dealt with the allegedly [953]*953improper contact. No examination was conducted to determine if the services provided by the District Attorney’s office had any actual prejudicial effect. No potential juror ever indicated that the request for information, or the providing of scheduling information, caused bias in favor of the state. In addition, defense counsel was provided copies of the questionnaires and was allowed to hear the taped message.

While juror questionnaires and scheduling information are best handled and provided under judicial auspices, no prejudice to defendant has been shown. This argument lacks merit.

Discovery

Defendant contends the trial court erred in not ordering the state to produce the whole, as opposed to an excised copy, of a deputy’s report, crime lab results and reports, a chart used by a state’s witness while testifying, and certain inculpatory statements made by defendant.

The state’s response to defendant’s discovery request contained a typed copy of the questions asked by the deputy and the answers given by defendant, and the deputy’s original notes containing the questions and answers. The state also included the transcribed portion of the deputy’s report containing his descriptive narrative of the question and answer session. The trial court compared the excised portion of the deputy’s report with the original and found that the furnished portion contained every statement made by defendant and fully met the discovery request.

The state furnished not only the substance of any oral statements made by defendant, but the exact questions asked, the answers given, and the deputy’s written notes of the exchange.

La.C.Cr.P. Article 719 authorizes discovery only of results or reports of scientific tests that are intended for use at trial. Defendant was furnished the crime lab reports containing results of the scientific tests administered. During trial, defendant was even given copies of the analytical methods used by the state’s expert.

The witness drew the chart in open court.

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Related

State v. Washington
626 So. 2d 841 (Louisiana Court of Appeal, 1993)
State v. Bates
536 So. 2d 427 (Louisiana Court of Appeal, 1988)
State v. Bates
508 So. 2d 1346 (Supreme Court of Louisiana, 1987)

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Bluebook (online)
501 So. 2d 950, 1987 La. App. LEXIS 8493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bates-lactapp-1987.