State v. Braggs

487 So. 2d 488
CourtLouisiana Court of Appeal
DecidedMarch 5, 1986
DocketCR 85-851
StatusPublished
Cited by2 cases

This text of 487 So. 2d 488 (State v. Braggs) 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. Braggs, 487 So. 2d 488 (La. Ct. App. 1986).

Opinion

487 So.2d 488 (1986)

STATE of Louisiana
v.
Margie BRAGGS.

No. CR 85-851.

Court of Appeal of Louisiana, Third Circuit.

March 5, 1986.

*489 Andrew S. Vallien, Natchitoches, for defendant-appellant.

Mike Henry, Dist. Atty., Natchitoches, for plaintiff-appellee.

Before DOMENGEAUX, FORET and KING, JJ.

DOMENGEAUX, Judge.

The defendant, Margie Braggs, was charged by a grand jury indictment with second degree murder, a violation of La. R.S. 14:30.1. The defendant, accompanied by counsel, was arraigned and pleaded not guilty by reason of insanity. After a sanity hearing, both doctors found the defendant capable of understanding the criminal proceedings and able to assist her counsel in her defense. On May 8, 1985, the defendant waived her right to jury trial and proceeded to trial. The trial court found the defendant guilty as charged and sentenced her to the mandatory term of life imprisonment.

FACTS

In the early morning hours of September 26, 1984, Maybeline Coutee, the victim, was visiting Elnora Browder, who lived in Campti, La. Sharon Smith, Miss Browder's cousin, was also present at the residence. Shortly after midnight, Charles Ray Carter and Andrew "Brown-Boy" Jackson came to visit at Miss Browder's residence.

At trial, Miss Browder testified that she, Carter and Smith were seated at the kitchen table, while Jackson (defendant's "common-law husband") and the victim were seated on the couch. The defendant came to the Browder residence, and Miss Browder told the defendant she did not want any trouble: the defendant told her there would be no trouble. The defendant then saw Jackson and the victim on the couch and had a few words with them. The victim then told the defendant that she and Jackson did not have a sexual relationship.

After this encounter, the defendant, Jackson and Carter walked out the door. Carter then came back in to get his cigarettes, and the defendant followed a few seconds later with her hand behind her back. The defendant then pulled a gun from behind her back whereupon it misfired and after some technical adjustments she pointed it and fired it into the wall. The victim then tried to jump up from the table, but a chair was in her way and the defendant fired again, hitting the table. The victim, now begging for her life, ducked under the table, but the defendant flipped the table over and kept shooting at the victim. The defendant shot the victim twice, causing her to fall to the floor.

The victim died at the scene and was examined by Dr. Charles E. Cook, Natchitoches Parish Coroner, who testified that the victim died from shock caused by loss of blood resulting from a bullet wound to the lower left chest.

ASSIGNMENT OF ERROR NO. 1

The defendant contends that the trial court erred in that it denied defendant's motion to continue her trial on the ground that she was not mentally capable to proceed with trial.

Specifically, the defendant alleges that one of the doctors that comprised the sanity commission which examined her, found her to be in need of psychological evaluation. The defendant further adds that the Natchitoches Mental Health Clinic found the defendant to be severely disturbed.

*490 Article 641 of the Louisiana Code of Criminal Procedure states:

"Mental incapacity to proceed exists when, as a result of mental disease or defect, a defendant presently lacks the capacity to understand the proceedings against him or to assist in his defense."

Louisiana jurisprudence presumes the defendant's sanity. La.R.S. 15:432; State v. Bennett, 345 So.2d 1129 (La.1977). The defendant must prove the defense of insanity by a preponderance of the evidence. State v. Thompson, 429 So.2d 862 (La. 1983). In State v. Brogdon, 426 So.2d 158 (La.1983), the Louisiana Supreme Court examined the requirements of the insanity defense and stated:

"In terms of capacity to proceed, the defendant must presently lack the capacity to understand the nature of the proceedings against him or to assist in his defense. The incapacity must result from a mental disease or defect. La.C. Cr.P. art. 641; cf. State v. Bennett, 345 So.2d 1129 (La.1977). The determinations of the trial judge in such matters are entitled to great weight on appellate review and will not be overturned absent an abuse of discretion. State v. Rochon, 393 So.2d 1224 (La.1981); State v. Jones, 376 So.2d 125 (La.1979); State v. Hamilton, 373 So.2d 179 (La.1979)."

In the present case, the defendant entered a plea of not guilty by reason of insanity and applied for an appointment of a sanity commission. Dr. R. Sills and Dr. Charles E. Cook were appointed as a sanity commission for the defendant, and they both subsequently found the defendant capable of understanding the nature of the proceedings against her. The two doctors also found the defendant capable of assisting her counsel in the defense of her case. Furthermore, Dr. Mary-Jo Fitz-Gerald of the Natchitoches Mental Health Clinic examined the defendant and reported that she understood the criminal proceedings which were pending and she did have the mental capacity to assist her defense counsel. Doctor Fitz-Gerald also reported that the defendant had the mental capacity to understand her actions at the time of the offense.

In addition, the defendant has not introduced any evidence to contradict these evaluations. Instead the defendant relies on the reports of the sanity commission. Specifically, the defendant argues that the Natchitoches Mental Health Clinic found the defendant to be severely disturbed, had a confused thought process and to suffer from moderate to severe depression. However this same report stated that the defendant understood the nature of the criminal proceedings and was also capable of assisting her counsel in defense.

In viewing this evidence, it is therefore apparent that the defendant has not proved by a preponderance of the evidence that as a result of any defect, the defendant lacks the capacity to understand the nature of the proceedings or to assist in her defense. In addition, great weight is given to a trial court's determination of a defendant's mental capacity. State v. Brogdon, supra. Thus, considering the State's evidence concerning defendant's mental capacity and the lack of evidence put forth by the defendant, it is apparent that the trial court did not abuse its discretion in finding the defendant competent to proceed to trial.

This assignment of error is without merit.

ASSIGNMENT OF ERROR NO. 2

The defendant contends the trial court erred in denying the defendant's motion for change of venue because of the publicity at the time of her arrest and again just two days before her trial date.

Specifically, the defendant contends that a newspaper article published on page 2 of the May 25, 1985 edition of the Natchitoches Times entitled: "Pecan Park Murder Trial Begins Wednesday Here" was published solely to inflame the people of the subdivision of Pecan Park in Campti.

Article 622 of the Louisiana Code of Criminal Procedure states:

"A change of venue shall be granted when the applicant proves that by reason *491 of prejudice existing in the public mind or because of undue influence, or that for any other reason, a fair and impartial trial cannot be obtained in the parish where the prosecution is pending.

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Related

State v. Maxey
527 So. 2d 551 (Louisiana Court of Appeal, 1988)
State v. Jenkins
508 So. 2d 191 (Louisiana Court of Appeal, 1987)

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Bluebook (online)
487 So. 2d 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-braggs-lactapp-1986.