State v. Byles

652 So. 2d 59, 94 La.App. 5 Cir. 776, 1995 La. App. LEXIS 357, 1995 WL 59758
CourtLouisiana Court of Appeal
DecidedFebruary 15, 1995
DocketNo. 94-KA-776 A
StatusPublished
Cited by2 cases

This text of 652 So. 2d 59 (State v. Byles) 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. Byles, 652 So. 2d 59, 94 La.App. 5 Cir. 776, 1995 La. App. LEXIS 357, 1995 WL 59758 (La. Ct. App. 1995).

Opinion

UCANNELLA, Judge.

Defendant, Eudis D. Byles, appeals from his conviction for second degree murder and sentence to life imprisonment without benefit of parole, probation or suspension of sentence. For the reasons which follow, we affirm the conviction and sentence, as amended, and remand.

On October 25, 1992, shortly before noon, Deputy Donald Spell of the Jefferson Parish Sheriffs Office responded to a 911 call in which the caller reported that his neighbor’s door was open. Upon arrival at the residence on MacArthur Avenue in Harvey, Louisiana, Deputy Spell found the front door open with a red Harley-Davidson motorcycle parked in front blocking the door. Deputy Spell entered the residence and found the victim, Lawrence Chapman, lying face down on the floor in the second room from the front door.. The deputy checked the victim and found no signs of life. He thereafter called the Detective ^Bureau Crime Scene Division and assisted in securing the scene. Based on evidence obtained over the next several days, an arrest warrant was issued for defendant and he was ultimately arrested in Austin, Texas on November 18, 1992.

On December 23, 1992, the Jefferson Parish Grand Jury returned an indictment charging defendant and Robert H. Dunn with the first degree murder of Lawrence Chapman, in violation of La.R.S. 14:30. The two men were arraigned on January 22, 1993 and both pled not guilty. On June 16, 1993, at a hearing on numerous pre-trial motions, the trial court granted the state’s motion to sever the cases for trial. The state also orally amended the indictment to charge defendant with the lesser offense of second degree murder, in violation of La.R.S. 14:30.1. This oral amendment was followed by a written amendment to the same effect on June 23, 1993. Defendant’s motion to suppress the oral statements that he made during the investigation was denied.

The case against defendant proceeded to trial before a twelve person jury on July 27 and 28, 1993. The jury unanimously returned a verdict of guilty of second degree murder. After denying defendant’s motion to set aside the jury verdict, on October 12, 1993, the court sentenced defendant, as prescribed by law, to life imprisonment without benefit of parole, probation or suspension of sentence. Defendant appeals.

On appeal, defendant assigns one substantive error and requests a review for errors patent on the face of the record. Defendant argues that the trial court erred in permitting the state’s forensic expert to testify that the victim’s death was caused by more than one person. Such testimony, it is argued, was tantamount to an expression of his opinion of defendant’s guilt.

|4This assigned error grows out of the following testimony given by Dr. Fraser Mackenzie, the forensic pathologist who performed the autopsy on the victim’s body:

MR. LEBLANC:
Q. Did you find any defense wounds on Mr. Chapman’s body?
A. I found no wounds that I would identify as defense wounds, no.
Q. Now based upon your training and experience, what would the lack of de[61]*61fense wounds on Mr. Chapman’s body lead you to conclude?
A. Without being, having defense wounds on the body, then I conclude that there is some restraining of the body by some mechanism.
Q. Do you have an opinion as to whether or not there was more than one assailant in this case?
MS. KIFF:
Objection, Judge. I don’t see where that’s in his area of expertise and he certainly is not a fact witness.
MR. LEBLANC:
Judge, this is an expert witness. If there is a medical basis for his opinion, he’s entitled to give it. I’m not asking for conjecture or speculation. If he’s got an opinion based upon his training and experience, he’s entitled to give it. If that’s beyond, all he’s got to say is that he’s not comfortable in answering that question, your Honor.
THE COURT:
You’re saying this goes beyond his expertise?
MS. KIFF:
That’s what I’m saying, Judge.
THE COURT:
Why?
MS. KIFF:
Judge, he — what he’s asking him to do is to say how many people there may or may not have been and I don’t think that he can tell from being a medical or a forensic pathologist, how many people would or would not have been present at the time of this incident.
MR. LEBLANC:
Judge, he may not be able to say how many were there, but he could say whether or not 15it was a single assailant. If there is a forensic basis for saying that, that’s exactly why he’s on the witness stand, to testify as an expert witness in forensic pathology.
THE COURT:
Overrule the objection.
MS. KIFF:
Note my objection for the record, please.
BY MR. LEBLANC:
Q. Dr. Mackenzie, did you understand the question?
A. I did.
Q. And would you answer it for me please?
A. Without marks of restraint on the body and without toxicological evidence of being in a subdued state by drugs, I would consider that this individual was restrained in some fashion, by either a physical means or by more than one person.
Q. Now, Dr. Mackenzie, when you arrived at that opinion, was that in any way — did you have any knowledge of the facts of this particular case before arriving at that opinion?
A. I did not.
Q. Ml right, So you’re basing that strictly on medical evidence?
A. Yes.

Defendant argues that he was denied a fair trial by the admission of this testimony because it usurped the jury’s function on a central and material issue at trial, that is, whether defendant participated in the killing of the victim or whether Dunn acted alone. We disagree.

Generally, a witness may testify only to facts within his knowledge and may not testify as to any impression or opinion that he may have. As an exception to that rule however, if scientific, technical, or other specialized knowledge will assist the trier-of-fact to understand the evidence or to determine a fact in issue, a witness, qualified as an expert by knowledge, skill, experience, training or education may testify thereto in the form of an opinion or otherwise. La.C.E. art,. 702.

|6In a criminal case, every expert witness must state the facts upon which his opinion is based, provided, however, that with respect to evidence which would otherwise be inadmissible, such basis shall only be elicited on cross-examination. La.C.E. art. 705(B).

A physician testifying as an expert may properly give an opinion as to the proba[62]*62ble manner in which a wound or other traumatic injury was inflicted where such testimony is based on facts within the expert’s knowledge. State v.

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Cite This Page — Counsel Stack

Bluebook (online)
652 So. 2d 59, 94 La.App. 5 Cir. 776, 1995 La. App. LEXIS 357, 1995 WL 59758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-byles-lactapp-1995.