State v. Batiste

189 So. 3d 580, 15 La.App. 3 Cir. 1008, 2016 WL 1358460, 2016 La. App. LEXIS 648
CourtLouisiana Court of Appeal
DecidedApril 6, 2016
DocketNo. 15-1008
StatusPublished

This text of 189 So. 3d 580 (State v. Batiste) 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. Batiste, 189 So. 3d 580, 15 La.App. 3 Cir. 1008, 2016 WL 1358460, 2016 La. App. LEXIS 648 (La. Ct. App. 2016).

Opinion

PICKETT, Judge.

JjFACTS

On January 16, 2013, the defendant Adam Batiste, III called 911 and requested help for his girlfriend, Gabriella Spencer, stating that she had fallen in the shower, was not responsive, and was barely breathing. When the fire department -arrived, they saw that Ms. Spencer appeared to have been severely beaten and summoned the-police. Ms. Spencer was taken •to the hospital where it was determined she also suffered from a subdural hemato-ma which caused her death shortly there[582]*582.after, The defendant was subsequently arrested for the second degree murder of Ms. Spencer.

The defendant was indicted on March 22, 2013, for the second degree murder of Gabriella Spencer, a violation of La.R.S. 14:30.1. A jury trial commenced on April 29, 2015. On May 1, 2015, the jury returned a verdict of guilty as charged.'

The defendant-was sentencéd on May 6, 2015, to life imprisonment without the benefit of parole, probation, or suspension of sentence. The defendant did not file a motion to reconsider the sentence.

The defendant has perfected a timely appeal. He asserts that “[t]he State failed to offer sufficient evidence that Adam Batiste committed second degree murder and did not negate the reasonable probability that the fatal injury was accidentally self-inflicted.” The defendant has also filed a pro-se brief, which alleges insufficient evidence and ineffective assistance of trial counsel.

ERRORS PATENT

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed by this' court for errors patent on the face of the record. After reviewing the record, we find there are no errors patent.

\ ATTORNEY assignment of error NUMBER ONE, AND PRO SE ASSIGNMENT OF ERROR NUMBER ONE:

The defendant argues the state failed to negate the reasonable hypothesis that Ms. Spencer’s injuries were accidently self-inflicted when she fell in the shower. Alternatively, he suggests her injuries were caused by some unknown persons who beat her up on December 28, 2012, and possibly caused the head injury at the same time. Since there was no eyewitness to what caused any of Ms. Spencer’s injuries, and' the defendant did - not confess to causing her injuries, the verdict was based solely on circumstantial evidence. The circumstantial evidence rule states that “assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.” La.R.S. 15:438. The -defendant asserts that with only the circumstantial evidence, the state failed to prove he caused the victim’s - death;- accordingly, the evidence was insufficient to sustain the verdict.

This court has stated that questions of the sufficiency of the evidence are considered using the following, standard of review:

[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.

Additionally, in State v. Williams, 13-497, pp. 4-5 (La.App. 3 Cir. 11/6/13), 124 So.3d 1236, 1240, writ denied, 13-2774 (La.5/16/14), 139 So.3d 1024, this court noted:

[./‘Evidence may be either direct or circumstantial.” State v. Jacobs, 07-887, p. 12 (La.App. 5 Cir. 5/24/11), 67 So.3d 535, 551, writ denied, 11-1753 (La.2/10/12), 80 So.3d 468, cert. denied, — U.S. -, 133 S.Ct. 139, 184 L.Ed.2d 67 (2012). We note that, whether the conviction is based on direct [583]*583evidence or solely on circumstantial evidence, the review is the same under the Jackson v. Virginia standard. State v. Williams, 33,881 (La.App. 2 Cir. 9/27/00), 768 So.2d 728 (citing, State v. Sutton, 436 So.2d 471 (La.1983)), writ denied, 00-99 (La.10/5/01), 798 So.2d 963. Circumstantial evidence, is that where the main fact can be inferred, using reason and common experience, from proof-of collateral facts and circumstances. Id. Where the conviction is based on circumstantial evidence, in or-' der to convict, “assuming every fact to be proved that the evidence tends to, prove, in order to convict, it must exclude every reasonable hypothesis of innocence.” La.R.S. 15:438.
In State v. Chism, 436 So.2d 464, 469 (La.1983) (citations omitted), the. supreme court discussed the use of circumstantial evidence, stating:
Circumstantial.evidence involves, in addition, to the, .assertion of witnesses as to what they have observed, a process of reasoning, or inference by which a. .conclusion is drawn. Like all other evidence, it may be strong or weak; it may be so unconvincing as to be quite worthless, or it may be-.irresistible and overwhelming., There is still no man who would not accept dog tracks in the mud against the sworn testimony of a hundred eye-witnesses that no dog passed by. The gist of circumstantial evidence, and the key to it, is the inference, or process of reasoning by which the conclusion - is reached. This must be based on the evidence given, together with a sufficient background of human experience to justify the conclusion.
Consequently, before a trier of fact. can decide the ultimate question of whether a reasonable hypothesis of innocence exists -in-- a criminal case based crucially on circumstantial evidence, a number of preliminary, findings must be made. In addition to assessing the circumstantial evidence in light of the direct evidence* and vice ■versa, the trier of fact must decide what reasonable inferences may be drawn from , the circumstantial evidence, the manner in which competing inferences should be resolved, reconciled or compromised; and the weight and effect to be given to each permissible inference. From facts found from direct evidence and inferred from circumstantial evidence, the trier of' fact should proceed, keeping in mind the relative strength and weakness of each inference and finding, to decide the ultimate question of whether this body of | ¿preliminary facts excludes every reasonable hypothesis of innocence., -

In the current case, the defendant was convicted of second degree murder, which is the killing oí a human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. Í4:30.1(A)(1), At trial, the following testimonies and exhibits were presented:

On January 16, 2013, Robert Davis, a firefighter with the Lafayette Fire Department, responded to a 911 calf-regarding a woman who was having breathing difficulties. He was the first responder on the scene. -He testified that as he was walking up to the house, the defendant met him at the door with Ms. Spencer slung over his shoulder. Mr. Davis directed-the defendant back into the house. Ms. Spencer was laid on the floor at the bottom of the upstairs steps. She was wearing only a shirt.

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Bluebook (online)
189 So. 3d 580, 15 La.App. 3 Cir. 1008, 2016 WL 1358460, 2016 La. App. LEXIS 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-batiste-lactapp-2016.