State v. Bratton

742 So. 2d 896, 1999 WL 395442
CourtLouisiana Court of Appeal
DecidedJune 16, 1999
Docket32,090-KA
StatusPublished
Cited by8 cases

This text of 742 So. 2d 896 (State v. Bratton) 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. Bratton, 742 So. 2d 896, 1999 WL 395442 (La. Ct. App. 1999).

Opinion

742 So.2d 896 (1999)

STATE of Louisiana, Appellee,
v.
Alvin BRATTON, Appellant.

No. 32,090-KA.

Court of Appeal of Louisiana, Second Circuit.

June 16, 1999.

*897 Darien D. Lester, Shreveport, Counsel for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, D. Bruce Dorris, Catherine M. Estopinal, Assistant District Attorneys, Counsel for Appellee.

Before WILLIAMS, STEWART and PEATROSS, JJ.

STEWART, J.

The defendant, Alvin Bratton, was convicted of second degree murder, a violation of La. R.S. 14:30.1, and sentenced to life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence. Urging three assignments of error, the defendant now appeals. We affirm.

FACTS

On January 20, 1995, the defendant along with Michael Cooks ("Cooks"), Justin Griffin ("Griffin"), Eric Williams ("Williams"), and Victor "Slap" Norris ("Norris") left a party to rob a house for the purpose of obtaining marijuana. The defendant and the four other individuals were members of the "Wilkinson Terrace Boyz," a gang associated with the "Rolling 60's Crips." The robbery occurred at the residence of Jamal Johnson ("Johnson") located at 3526 Darien Street in Shreveport, Louisiana. Johnson was not home at the time; however, Joseph "Joe" Frazier ("Frazier"), Carlos Bryant ("Bryant"), and Ronald Ford ("Ford") were in Johnson's house.

When the defendant and his cohorts reached the Johnson residence, they knocked on the front door and were directed by Bryant, who knew Cooks, to go around to the back door. The defendant and his cohorts, all of whom were armed, entered through the back of the house, brandished their weapons, and demanded *898 to know where the drugs were located as Cooks placed a gun to Bryant's head. Bryant, Ford, and Frazier were taken to different rooms. A padlocked bedroom door was kicked down. The defendant and his cohorts searched the house for drugs and robbed Bryant and Ford. After someone directed Bryant to lie on the kitchen floor, he was shot five times. Ford, who was robbed of twenty dollars, was also shot multiple times after a brief struggle. Both Ford and Bryant survived. Frazier was shot fourteen times and died. While hospitalized for their gunshot injuries, both Ford and Bryant were able to pick the defendant from a photographic line-up and to identify him as one of the participants in the robbery and murder.

James Ford, the brother of Ronald Ford, lived in a garage apartment behind the Johnson residence and was home at the time of crime. James Ford heard the gunfire but believed it to be the sound of hammering. A motion sensor light, which James Ford had installed the day before, was triggered as the defendant and the others left the Johnson residence. James Ford saw the defendant leaving the crime scene carrying two firearms. He subsequently identified the defendant in a photographic line-up and at trial.

Upon learning that a warrant was out for his arrest, the defendant turned himself in to the police. At trial, the defendant denied any involvement in the crime. He testified that he accompanied Cooks, Williams, Norris, and Griffin to Darien Street, but waited at a neighbor's house while the others went to the Johnson residence to get some marijuana. According to the defendant, he realized that the others were gone for a long period of time and decided to look for them to ensure that they were not smoking all of the marijuana without him. As he walked down Darien Street, he heard gunfire and saw his group running. Although he did not know why the others were running, the defendant joined them.

The defendant also testified about a use immunity statement he gave to the district attorney's office in which he admitted his participation in the crime. The defendant denied the truthfulness of the statement and attempted to prove that he was coerced into giving the statement by his former counsel and the district attorney's office for its use at the trial of Michael Cooks. The defendant testified that he was promised a plea bargain in exchange for his false statement.

The defense called John Michael McDonald ("McDonald"), the defendant's former counsel, and Mike Pitman ("Pitman"), a former assistant district attorney for Caddo Parish, as witnesses regarding the defendant's prior statement. Both McDonald and Pitman testified that no one asked the defendant to give a false statement. After the defendant waived attorney-client privilege, McDonald testified that the statement given by the defendant was substantially the same as the story that the defendant had told him concerning the events of January 20, 1995. Pitman testified that the defendant provided information in his statement that was outside the scope of the information included in the police report. This information pertained to the identification of a participant in the crime who had not yet been identified by the police. Pitman also testified that the defendant decided not to testify at Cooks' trial, but that Cooks was nevertheless convicted of first degree murder and sentenced to death for his participation in the robbery and murder.

At trial, the defendant's claim that he was not involved in the crime was further contradicted by the testimony of Eric Williams, a co-defendant. Williams testified that the defendant had a weapon and participated in the armed robbery. Williams had previously pled guilty to armed robbery for his own involvement in the crime.

After the two day trial, the jury found the defendant guilty of second degree murder. The district court then sentenced the *899 defendant to life imprisonment without benefit of probation, parole, or suspension of sentence. In the instant, appeal the defendant urges three assignments of error.

FIRST ASSIGNMENT OF ERROR

The defendant first asserts that the trial court erred in overruling his objection to the state's questions regarding prior arrests. On cross-examination, the state questioned the defendant about arrests in 1993 and 1994, as well as about a battery incident that occurred at the Caddo Correctional Center ("CCC") where the defendant was incarcerated while awaiting trial. The defense objected to this line of questioning on the basis that none of the incidents resulted in convictions. The state countered that the defendant "opened the door" by testifying on direct examination that he had never been in trouble. The defense requested neither a mistrial nor an admonition to the jury pursuant to La.C.Cr.P. arts. 770 or 771. The defendant now argues that the testimony regarding his arrests and disciplinary problems at CCC severely prejudiced the jury against him.

Evidence of other crimes is generally inadmissible in the guilt phase of a criminal trial unless its probative value outweighs its prejudicial effect and unless other safeguards are met. State v. Johnson, 94-1379 (La.11/27/95), 664 So.2d 94, reconsideration denied, 94-1379 (La.4/8/96), 671 So.2d 332. A statutory exception to this general rule is set forth in La. C.E. art. 609.1, which allows evidence of prior criminal convictions for impeachment purposes but disallows inquiry into matters for which there has only been an arrest. A jurisprudential exception also exists for instances in which the defendant chooses to testify. In such instances, the state is not precluded from contradicting the defendant's testimony on an issue which the defendant himself brought into the case. State v. Richard, 550 So.2d 300 (La.App. 2nd Cir.1989); State v. Cotten, 438 So.2d 1156 (La.App. 1st Cir. 1983), writ denied, 444 So.2d 606 (La. 1984).

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Cite This Page — Counsel Stack

Bluebook (online)
742 So. 2d 896, 1999 WL 395442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bratton-lactapp-1999.