State v. Bernard

171 So. 3d 1063, 2014 La.App. 4 Cir. 0580, 2015 La. App. LEXIS 1134, 2015 WL 3791250
CourtLouisiana Court of Appeal
DecidedJune 3, 2015
DocketNo. 2014-KA-0580
StatusPublished
Cited by13 cases

This text of 171 So. 3d 1063 (State v. Bernard) 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. Bernard, 171 So. 3d 1063, 2014 La.App. 4 Cir. 0580, 2015 La. App. LEXIS 1134, 2015 WL 3791250 (La. Ct. App. 2015).

Opinion

Judge TERRI F. LOVE.

|! Felton Bernard (“Defendant”) appeals his conviction and sentence for four counts of first degree murder in violation of La. R.S. 14:30. The Defendant assigns as errors that (1) the evidence is insufficient to prove he murdered Lionell and Leon Mis-kell; (2) the State failed to establish the scientific basis for the firearms evidence presented at trial, and consequently, the evidence is insufficient to connect him to the murders of Diane Miskell and John Robinson; (3) the non-unanimous jury verdicts are unconstitutional; and (4) the sentences are excessive. We find the corroboration of witness testimony and evidence presented at trial sufficiently proved the [1068]*1068Defendant killed Lionell and León Miskell. The State properly established, through expert testimony, the scientific basis for the firearms evidence admitted at trial, on which the jury could sufficiently rely to connect the Defendant to the murders of Diane Miskell and John Robinson. Additionally, Louisiana jurisprudence demonstrates that the Sixth Amendment does not require unanimous jury verdicts in state criminal trials. Nor does our jurisprudence suggest that the trial court ordering the Defendant to serve his sentences consecutively is ^unconstitutionally excessive. Therefore, we affirm the Defendant’s convictions and sentences.

PROCEDURAL HISTORY AND FACTUAL BACKGROUND

The events that transpired on November 4, 2006 in this case evolved from a dispute over the ownership of property located at 4635 Camelia Street in East New Orleans. Margie Miskell owned the Camelia Street house until her death in 2004. She was survived by her five living children, Lio-nell, Leon, Diane, Shirley, and Irma Mis-kell. Margie Miskell was also survived by several grandchildren including: Diane Miskell’s two sons — and Tim; Shirley Mis-kell’s daughter — Tonya; and Irma Mis-kell’s seven children — Angela, Chantel, Eric, Bryan, Herman, Tony, and Felton Bernard.

At trial, testimony established that in 2006, Diane and Shirley Miskell were responsible for overseeing the repairs to the Camelia Street property after Hurricane Katrina. According to Kevin Miskell and Tony Bernard, once the repairs were complete, Lionell and Leon Miskell were going to move into the Camelia Street residence. Kevin Miskell also testified that the Defendant had disagreements with the family because he believed his grandmother passed her ownership rights to him when she died. Likewise, the Defendant believed he should be in charge of the finances used to repair the Camelia Street property and not his aunts.

The Defendant’s oldest brother, Herman James Bernard, Jr. (“Herman Bernard”), testified at trial and recalled seeing the Defendant with the Defendant’s friend, Corey Berniard, on November 4, 2006, in a green Jeep. Herman Bernard' testified that his brother the Defendant had just arrived in New Orleans from Houston, Texas. Herman stated that the Defendant and Corey Berniard came by | Shis trailer on Viola Street and spoke with him. He testified that he noticed that Corey Bern-iard was armed and told him to leave. At that point, Corey Berniard and the Defendant left.

On the same day, the Defendant’s other brother Tony Bernard was visiting his uncles Lionell and Leon Miskell at the Came-lia Street residence when the Defendant and his friend Corey Berniard arrived. Tony Bernard testified that the Defendant and Corey Berniard were both armed. According to Tony Bernard, the Defendant walked into the house, slapped Lionell Miskell and then started an argument about ownership of the Camelia Street property. Tony Bernard attempted to diffuse the situation by giving the Defendant money. Afterwards, the Defendant and Corey Berniard left in an SUV, but turned around and came back to the residence.

Tony Bernard testified that he witnessed his brother the Defendant and Corey Berniard shoot Lionell Miskell. Tony Bernard fled the scene as the Defendant stood over Leon Miskell and shot him. At trial, Tony Bernard stated that he called his brother Bryan and his aunt Diane Mis-kell, but he received no answer. He then contacted his sister Angela Bernard about the shootings. Tony Bernard testified that he told his sister to send “someone to go check” because he was too scared to go back himself. Tony Bernard also stated [1069]*1069that a few days after the shootings he spoke to a NOPD detective, who presented him two photographic lineups from which Tony Bernard identified the Defendant and Corey Berniard as the men he witnessed shoot his uncles.

Responding officers, Reginald Gaines (“Officer Gaines”) and Toka Clark (“Officer Clark”), arrived at the 4600 block of Camelia Street close to ten o’clock at night, after receiving a call of a shooting. The officers noted the area was Rdeserted and dark, the remnants of Hurricane Katrina. However, they observed the body of Lionell Miskell in the street at the curbside. Upon closer observation, the officers noted several gunshot wounds to the victim’s body. An EMS unit was then dispatched to the scene. By that time, other police units arrived and Officer Gaines remained with Lionell Miskell’s body in the street while the other officers secured the perimeter.1

At that time, the officers received word that there was a second victim located in the back yard of 4635 Camelia Street, across the street from where they observed Lionell Miskell’s body. The officers relocated to the backyard of the Camelia Street property where they found Leon Miskell. Officer Clark testified that Leon Miskell was conscious and moaning in pain.

Officer Shonndell Fields (“Officer Fields”) also testified at trial that when she arrived at the scene, she observed the body of a man lying in the street. She stated that after securing the perimeter she, Officer Clark, and the other responding officers were notified of another male victim in the backyard of the house across the street from where the first victim was found. She and the other officers proceeded to the backyard where they found a black male, who had been shot, lying face down on the ground. She testified that the man was conscious and after turning the victim over, Officer Fields recognized him as Leon Miskell. She stated that she recognized him from patrolling the area and from having arrested him earlier on a burglary charge. When she asked Leon Miskell who shot him, he | Rresponded: “My nephew, Felton Bernard.”2 At trial, Officer Fields stated that she had no knowledge of the Miskell family and did not know the Defendant.

Ann Bernard, the Defendant’s aunt3, testified that she received a telephone call on the night of the shootings from her niece Angela Bernard, who was living in Alabama. Because she lived close by, she was asked to check on Angela’s aunt Diane Miskell. Ann Bernard testified that she went to Diane Miskell’s FEMA trailer located at 4567 Dodt Street. When Ann Bernard arrived at the residence, she found the trailer door open and noted that she found that to be odd. She blew her car horn, but she received no response. Ann Bernard left the Dodt Street address and drove to the Camelia Street residence, where she found police officers on the scene. She described what she observed at the Dodt Street address to the officers including Officer Clark, who accompanied [1070]*1070her to the location. At trial, Officer Clark testified that upon arriving at the Dodt Street location, she entered a FEMA trailer and found Diane Miskell and John Robinson shot to death.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Corey Morgan
Louisiana Court of Appeal, 2023
State of Louisiana v. Tremaine Williams
Louisiana Court of Appeal, 2023
State of Louisiana v. Marvin Santiago
Louisiana Court of Appeal, 2023
State of Louisiana v. Lisa W. Rabalais
Louisiana Court of Appeal, 2021
State v. Daniels
262 So. 3d 356 (Louisiana Court of Appeal, 2018)
State v. Carter
257 So. 3d 776 (Louisiana Court of Appeal, 2018)
State v. Parvez
249 So. 3d 102 (Louisiana Court of Appeal, 2018)
State v. Raine
238 So. 3d 1076 (Louisiana Court of Appeal, 2018)
State v. Mahogany
225 So. 3d 489 (Louisiana Court of Appeal, 2017)
State v. Lee
217 So. 3d 1266 (Louisiana Court of Appeal, 2017)
Kanda Construction, LLC v. Gebre
197 So. 3d 791 (Louisiana Court of Appeal, 2016)
State v. Jackson
191 So. 3d 63 (Louisiana Court of Appeal, 2016)
State v. Barbain
179 So. 3d 770 (Louisiana Court of Appeal, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
171 So. 3d 1063, 2014 La.App. 4 Cir. 0580, 2015 La. App. LEXIS 1134, 2015 WL 3791250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bernard-lactapp-2015.