State v. Burton

464 So. 2d 421
CourtLouisiana Court of Appeal
DecidedFebruary 26, 1985
Docket84 KA 0694
StatusPublished
Cited by47 cases

This text of 464 So. 2d 421 (State v. Burton) 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. Burton, 464 So. 2d 421 (La. Ct. App. 1985).

Opinion

464 So.2d 421 (1985)

STATE of Louisiana
v.
Leigh Guy BURTON.

No. 84 KA 0694.

Court of Appeal of Louisiana, First Circuit.

February 26, 1985.
Writ Denied May 13, 1985.

*423 Ossie Brown, Dist. Atty. by Glen Peterson, Asst. Dist. Atty., Baton Rouge, for plaintiff-appellee.

Lennie Perez, Baton Rouge, for defendant-appellant.

Before EDWARDS, SHORTESS and SAVOIE, JJ.

SHORTESS, Judge.

Leigh Guy Burton (defendant), was indicted by the East Baton Rouge Parish grand jury for the second degree murder (LSA-R.S. 14:30.1) of her husband, Richard Burton (victim). At arraignment, defendant entered a dual plea of not guilty and not guilty by reason of insanity. A jury returned the responsive verdict of guilty of manslaughter (LSA-R.S. 14:31). Defendant was subsequently sentenced to serve thirteen years at hard labor, and an additional term of two years at hard labor, without benefit of probation, parole or suspension of sentence, was imposed, as required by LSA-R.S. 14:95.2. She has appealed, alleging fifty-one assignments of error. In brief, defendant set forth six arguments which embraced twenty-eight assignments of error. Assignments of error not briefed are considered abandoned. Uniform Rules, Courts of Appeal, Rule 2-12.4. State v. Trevathan, 432 So.2d 355 *424 (La.App. 1st Cir.1983), writ denied, 437 So.2d 1141 (La.1983). The issues preserved for appellate review are as follows.

1. Did the trial court err by refusing to permit defense counsel to question potential jurors concerning their attitudes toward the insanity defense and the battered woman's syndrome?
2. Does the overt act requirement of LSA-R.S. 15:482 apply to evidence offered on the issue of insanity?
3. Does the overt act requirement of LSA-R.S. 15:482 require an actual, contemporaneous hostile action on the part of the deceased at the time of the killing?
4. Does the overt act requirement of LSA-R.S. 15:482 violate due process?
5. Did the court err by denying defendant's motion for a continuance based on the absence of a material witness and by permitting into evidence only a portion of the offered testimony?
6. Did the trial court impose an excessive sentence?

FACTS

On the afternoon of June 29, 1983, defendant went to the Travelodge Motel lounge in Baton Rouge, Louisiana, after calling the victim and asking him to meet her there. She arrived at approximately 4:00 p.m. but stayed for only a few minutes and then returned at approximately 4:30 p.m. She took a seat at the bar and told the bartender that she was meeting someone. Another customer introduced defendant to the bartender and ordered a beer for her. A few minutes later the victim walked into the bar, exchanged pleasantries with one or two other patrons and sat down next to her.

Defendant testified that they began discussing an argument that had occurred the previous evening concerning the victim's involvement with another woman. During that argument, the victim had taunted defendant with the words "... would you like for me to tell you how good her pussy was?" Defendant asked him if he would like to tell her again how good his girlfriend's pussy was. She testified that he laughed and said, "You want to talk about that again." Defendant testified that at that time she shot him with a gun she had purchased earlier that day.

Several patrons at the bar were eyewitnesses to the shooting. One witness testified that, after the shooting, defendant calmly walked out of the bar. She was seen getting into an automobile and driving away. The victim was immediately transported to a local hospital and underwent surgery which was unsuccessful. He died early on June 30, 1983.

The police located defendant in a hospital on the day following the shooting. She had attempted suicide with an overdose of drugs. When she was released from the hospital, she was arrested for the murder of her husband.

RESTRICTION OF VOIR DIRE

Defendant alleges the trial court erred in restricting her voir dire examination, arguing that, because of the national publicity and debate centering around the insanity defense and battered woman's syndrome, it was crucial to be able to examine prospective jurors on their attitudes and feelings toward these issues. The specific questions posed by defense counsel were:

1. Do you think a man is ever justified in punching a woman?
2. Do you have any feelings about whether insanity should be a defense to a crime?
3. Can you imagine—do you feel that it's possible for you to in advance—uh— say in something this important that you are going to accept rules at the end when you don't know the rules in the beginning?
. . . . .
I—Can you just totally say I am going to accept a set of rules at the end and decide a person's life on them when you don't know what those rules are going to be?
. . . . .
*425 Do you feel that justice is important?
. . . . .
Do you feel that there could ever be a conflict between justice and adhering to the rules?
. . . . .
Do you have an idea what you would do if there were a conflict between justice and adhering to the rules?
4. What if at the end when you are given the rules you determine that for [your] own self it would be wrong to vote one way or the other by following—that following the rules would be wrong? Well, we call it justice but rightness or wrongness is—

An accused in a criminal case is constitutionally entitled to a full and complete voir dire examination and to the exercise of peremptory challenges. La. Const. art. I, § 17. LSA-C.Cr.P. art. 786 provides that the court, the State, and the defendant shall have the right to examine prospective jurors and the scope of the examination shall be within the discretion of the court. The purpose of voir dire examination is to determine prospective jurors' qualifications by testing their competency and impartiality and discovering bases for intelligent exercise of cause and peremptory challenges. The scope of voir dire examination is within the sound discretion of the trial judge, whose rulings will not be disturbed on appeal in absence of a clear abuse of discretion. A review of his rulings should be undertaken only on the record of the voir dire examination as a whole to determine whether a sufficiently wide latitude was afforded the defendant in examining prospective jurors. State v. Williams, 457 So.2d 610, 613 (La.1984).

However, voir dire examination does not encompass unlimited inquiry by defendant into all possible prejudices of prospective jurors, nor their opinions on evidence (or its weight) to be offered at trial, not even hypothetical questions and questions of law which call for any prejudgment of supposed facts. State v. James, 431 So.2d 399 (La.1983), cert. denied, ___ U.S. ___, 104 S.Ct. 263, 78 L.Ed.2d 247 (1983); State v. Vaughn, 431 So.2d 358 (La.1982); State v. Clark, 325 So.2d 802 (La.1976).

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Bluebook (online)
464 So. 2d 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-burton-lactapp-1985.