State v. Brown

742 So. 2d 1051, 1999 WL 766122
Louisiana Court of Appeal·Decided September 28, 1999·No. 99-KA-172·Published·Cited by 29 cases

Opinion

742 So.2d 1051 (1999)

STATE of Louisiana
v.
Nathan BROWN.

No. 99-KA-172.

Court of Appeal of Louisiana, Fifth Circuit.

September 28, 1999.

*1052 Paul D. Connick, District Attorney, Terry M. Boudreaux, Ellen S. Fantaci, George C. Wallace, Jr., Assistant Dist. Attorneys, Gretna, LA, for Plaintiff-Appellee.

J. Rodney Baum, Baton Rouge, LA, for Defendant-Appellant.

*1053 Nathan Brown, Angie, LA., Defendant-Appellant, pro se.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., THOMAS F. DALEY and SUSAN M. CHEHARDY.

DUFRESNE, Judge.

The Jefferson Parish District Attorney filed a bill of information charging the defendant, Nathan Brown, with the attempted aggravated rape of Nadina Newman, a violation of LSA-R.S. 14:42 and 14:27. The matter proceeded to trial before a twelve person jury, at the conclusion of which the defendant was found guilty as charged. As a result of this conviction, the court sentenced the defendant to twenty-five years at hard labor without benefit of parole, probation, or suspension of sentence. The defendant now appeals.

FACTS

On August 7, 1997, at approximately 1:00 a.m., Ms. Nadina Newman, after an evening out, returned home to her Metairie apartment. She parked her vehicle, walked through the gate of the apartment complex, and proceeded down the sidewalk towards her apartment. On the way to her apartment, she was attacked from behind by an individual subsequently identified as the defendant. According to Ms. Newman, the defendant wrestled her to the ground, pulled her dress up, and tried to remove her underwear. The perpetrator then tried to separate her legs and "penetrate her with his hard penis." Ms. Newman persistently hit her attacker with her shoe, and he eventually released her, grabbed her purse, and fled. Ms. Newman chased her attacker towards the gate of the complex, but lost sight of him. At trial, Ms. Newman testified that during the attack, she observed the perpetrator's face as there was good visibility in the area, and further that she observed the letters "LLE" on his chest. She further noted that the perpetrator had a strong body odor.

The police arrived shortly after the attack, at which time Ms. Newman gave a statement of what had occurred as well as a description of the perpetrator. Deputy Robert Bracato, who took the victim's statement, testified at trial that Ms. Newman seemed very disturbed and angry and also that her clothes were ripped open. Deputy David Darwin, another Jefferson Parish officer who arrived on the scene, canvassed the apartment complex for the perpetrator. Upon receiving information that a suspect matching the description given by the victim was living in building C, Deputy Darwin went to the defendant's apartment and spoke with the defendant and his mother. Officer Bracato then brought the victim to the back of the apartment complex, at which time she made a positive identification of the defendant as the perpetrator. Following this positive identification, Deputy Darwin obtained a consent to search the apartment from the defendant's mother, with the understanding that the police would not look in any drawers or cabinets. During this limited search, Deputy Darwin seized a pair of black shorts from the apartment, later identified by the victim as the shorts the defendant was wearing during the attack. It was also confirmed during the course of this initial investigation that the defendant did, in fact, have a tattoo on his chest which spelled "MICHELLE." In addition to Ms. Newman's positive identification on the night of the offense, she also unequivocally identified the defendant at trial as the perpetrator.

Following the presentation of the state's case, defense counsel presented five witnesses whose testimony indicated that the defendant was at home at the time of the incident. Ms. Piper Brown, the defendant's mother, testified that on the night of the attack, she was living in the Metairie apartment complex with the defendant, the defendant's two-year-old daughter, her two grandsons, and her fiancé, Michael Gains. She further testified that the defendant had gone to the grocery store for her *1054 earlier that evening, but once he returned, he stayed in the apartment the rest of the night. According to Ms. Brown, the defendant was in his room with his daughter and her two grandsons playing and watching television.

Michael Gains testified that he returned to the apartment at approximately midnight on August 7, 1997, and at that time, Piper Brown was at home with the defendant, her two grandchildren, and the defendant's daughter. Mr. Gains testified that the police knocked on the door at 1:30 a.m., and that at no time did he see the defendant leave the apartment.

Ricardo Brown, Piper Brown's eleven year old grandson, testified that on the evening in question, he had stayed up late watching television and that when he finally went to bed, the defendant was already asleep. He also testified that he was asleep in the defendant's bedroom at 1:00 a.m. and when the police arrived, and further that he never heard the defendant leave the room.

Ranaldo Matthews, another grandson of Piper Brown, testified that on the night of the alleged incident, he was watching television with his brother Ricardo, the defendant, and the defendant's daughter, but that he fell asleep before either his brother or the defendant. He further testified that he slept through the police knocking on the door.

The defendant then testified on his own behalf. According to the defendant, on the night of the incident, he returned home from the grocery store at approximately 6:00 or 6:30, and he stayed home for the remainder of the night. The defendant admitted that he had "MICHELLE" tattooed on his chest, but denied that he attacked the victim.

JUROR CHALLENGES

In his first assignment of error, the defendant asserts that the trial court erred by denying defense counsel's challenges for cause of three potential jurors. Specifically, during voir dire, defense counsel challenged for cause jurors Cathy De-George, Sandra Brehm and Bertrand Fos, alleging that they could not act impartially because of their prior personal experiences as crime victims or as close relatives to crime victims. After the trial court denied these three challenges for cause, defense counsel exercised peremptory challenges to dismiss jurors Fos and Brehm, but accepted juror DeGeorge.

To prove there has been error warranting reversal of the defendant's conviction, the defendant must show (1) the erroneous denial of a challenge for cause, and (2) the use of all peremptory challenges. Prejudice is presumed when a challenge for cause is erroneously denied and a defendant has exhausted all peremptory challenges. State v. Robertson, 92-2660 (La.1/14/94), 630 So.2d 1278, appeal after new trial, 97-177 (La.3/4/98), 712 So.2d 8, cert. denied, ___ U.S. ___, 119 S.Ct. 190, 142 L.Ed.2d 155 (1998); State v. Durham, 94-1036 (La.App. 5 Cir. 4/16/96), 673 So.2d 1103. On the other hand, when a defendant has not exhausted all peremptory challenges, a defendant must show prejudice from the trial court's denial of a challenge for cause. State v. Vanderpool, 493 So.2d 574 (La.1986); State v. Perrilloux, 95-677 (La.App. 5 Cir. 1/30/96), 669 So.2d 7. In the present case, the record reflects that defense counsel exhausted only seven of his twelve available peremptory challenges. Accordingly, we need not reach the issue of whether the trial judge erroneously denied the defendant's challe

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

State v. Brown, 742 So. 2d 1051, 1999 WL 766122 (La. Ct. App. 1999).

742 So. 2d 1051 (State v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Anderson
121 So. 3d 119 (Louisiana Court of Appeal, 2013)
State v. Miller
84 So. 3d 611 (Louisiana Court of Appeal, 2011)
State v. Nailor
78 So. 3d 816 (Louisiana Court of Appeal, 2011)
State of Louisiana v. Gregory T. Jackson
Louisiana Court of Appeal, 2008
State v. Nguyen
958 So. 2d 61 (Louisiana Court of Appeal, 2007)
State v. Tran
919 So. 2d 787 (Louisiana Court of Appeal, 2005)
State v. Thurston
900 So. 2d 846 (Louisiana Court of Appeal, 2005)
State v. Tomlinson
895 So. 2d 45 (Louisiana Court of Appeal, 2005)
State v. Taylor
892 So. 2d 78 (Louisiana Court of Appeal, 2004)
State v. Brown
880 So. 2d 899 (Louisiana Court of Appeal, 2004)
State v. Harris
868 So. 2d 886 (Louisiana Court of Appeal, 2004)
State v. Allen
868 So. 2d 877 (Louisiana Court of Appeal, 2004)
State v. Hotard
864 So. 2d 748 (Louisiana Court of Appeal, 2003)
State v. Smith
862 So. 2d 240 (Louisiana Court of Appeal, 2003)
State v. Sims
845 So. 2d 1116 (Louisiana Court of Appeal, 2003)
State v. Schieffler
841 So. 2d 1000 (Louisiana Court of Appeal, 2003)
State v. Bell
840 So. 2d 656 (Louisiana Court of Appeal, 2003)
State v. Puckett
839 So. 2d 226 (Louisiana Court of Appeal, 2003)
State v. Page
837 So. 2d 165 (Louisiana Court of Appeal, 2003)
Pressley v. Bennett
235 F. Supp. 2d 349 (S.D. New York, 2003)