State v. Caldwell

679 So. 2d 973, 1996 WL 474186
Louisiana Court of Appeal·Decided August 21, 1996·No. 28514-KA·Published·Cited by 5 cases

Opinion

679 So.2d 973 (1996)

STATE of Louisiana, Appellee,
v.
Michael CALDWELL, Appellant.

No. 28514-KA.

Court of Appeal of Louisiana, Second Circuit.

August 21, 1996.

*974 Whitmeyer & Glassell by Stephen A. Glassell, Shreveport, for Appellant.

Richard Ieyoub, Attorney General, Paul Carmouche, District Attorney, W. Stanley Lockard, Assistant District Attorney, for Appellee.

Before MARVIN, BROWN and WILLIAMS, JJ.

BROWN, Judge.

A jury convicted defendant, Michael Caldwell, of second degree murder. Defendant appeals his conviction, urging three assignments of error. We affirm.

FACTS

Ronnie Bilyeu visited "the Bottoms" area of Shreveport sometime after midnight on June 8, 1993, to purchase cocaine. On this particular night, Bilyeu stopped his truck at the corner of Fannin and Christian streets. Defendant was one of several people gathered near this corner and spoke with Bilyeu concerning the sale of cocaine. Bilyeu was shot in the back and died at the scene. Exactly what happened during this brief time span was disputed. Although defendant did not testify, he presented witnesses who suggested that it was the state's eyewitness who actually shot and killed Bilyeu. Faced with conflicting testimony, the jury chose to believe the witnesses testifying for the state and found defendant guilty as charged.

Defendant appeals, asserting three errors.

DISCUSSION

Assignment of Error No. 3. The verdict finding defendant guilty of second degree murder is contrary to the law and evidence.

Defendant first argues that there was insufficient evidence to support his conviction.

An appellate court's review of facts is restricted to the standard enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); La. Const. Art. 5, § 5(C); State v. Willars, 27,394 (La. App.2d Cir. 09/27/95), 661 So.2d 673. The inquiry is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.

Second degree murder, as applicable to these facts, is defined as the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm or when the offender is engaged in the perpetration or attempted perpetration of armed robbery, even though he has no intent to kill or cause great bodily harm. La.R.S. 14:30.1(A)(1) & (2). Armed robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another by use of force or intimidation, when the offender has a dangerous weapon. La.R.S. 14:64.

This case is characterized by a lack of physical evidence. Defendant's conviction turned entirely upon the testimony of eyewitnesses who stated that defendant shot Bilyeu.

When Bilyeu arrived at the corner of Fannin and Christian, Michael Brown, also known as "Pink Panther," approached Bilyeu's truck. Bilyeu had a belt around his neck, which he intended to trade for cocaine, *975 and he had four $5 bills. After speaking briefly to Bilyeu, "Pink Panther" took the belt and walked away from the truck.

Around the time "Pink Panther" approached Bilyeu's truck, defendant also approached the truck and began to negotiate a sale to Bilyeu.

What happened next was disputed at trial. According to the state's witnesses, "Pink Panther" returned to the truck while Bilyeu and defendant talked about the drug deal, snatched one of Bilyeu's $5 bills and then walked away. Defendant and Bilyeu continued talking, though no one heard the words exchanged between them. According to the witnesses, Bilyeu attempted to drive away and defendant shot him in the back. Defendant then approached "Pink Panther" and demanded the $5 bill. The shooting emptied the corner as everyone fled the scene; however, before he left, "Pink Panther" returned to Bilyeu's truck and removed a wristwatch from the dying Bilyeu's arm.

Police found Bilyeu's body at 3:30 a.m. No weapon was ever recovered. Both "Pink Panther" and defendant were arrested in connection with Bilyeu's murder.

Although defendant did not testify, he argued that "Pink Panther" killed Bilyeu. Most of the witnesses who testified for both sides had their recollections impeached. None of defendant's witnesses claimed to have actually seen "Pink Panther" shoot Bilyeu, though several claimed to have seen him with the gun after the shooting. Defendant's brother testified that the gun used in the shooting belonged to defendant, but that defendant told "Pink Panther" after the shooting that he could keep the gun. Some of defendant's witnesses (and defendant) admitted to being or having been members of "the Bottoms Boys," a gang of small-time criminals who operated in the area where the shooting occurred.

Michael Brown ("Pink Panther"), and two other witnesses, claimed to have seen defendant shoot Bilyeu; however, each of these witnesses had previously signed affidavits, which they disavowed at trial, stating that they did not see defendant shoot Bilyeu.

The jury was forced to choose between the contradictory versions of events by evaluating the credibility of the witnesses produced by both sides. We do not review credibility decisions. Thus, because the jury found that the testimony of the prosecution's witnesses was believable, and because, if believed, it was sufficient for a rational trier of fact to conclude beyond a reasonable doubt that defendant committed second degree murder, we find this assignment without merit.

Defendant also urges that Michael Brown, "Pink Panther," is the real killer and that the evidence at trial established this beyond a reasonable doubt. It was defendant, not Brown, who was tried and found guilty. The issue of Brown's guilt is relevant only as it relates to whether there was sufficient evidence to convict defendant.[1]

Assignment of Error No. 1. The trial court erred in denying defendant's Batson challenges to the prosecution's use of peremptory challenges to exclude black jurors.

The defense objected immediately when the prosecution challenged four potential jurors, Shirley Baylor, Donald Bryant, Alphonso Davis and Joseph Cooke. However, after a brief colloquy with the court, the defense modified its position and stated that its Batson challenge covered the exclusion of only Bryant, Davis and Cooke.[2]

First, defendant must make a prima facie showing that the prosecution has exercised peremptory challenges on the basis of race. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Once the requisite *976 showing has been made, the burden shifts to the prosecutor to articulate a race-neutral explanation for striking the jurors in question. The trial court must then determine whether defendant has carried his burden of proving purposeful discrimination.

To make out a prima facie case of discriminatory jury selection, defendant must first show that the prosecutor has exercised peremptory challenges to remove members of a particular race from the venire. Powers v. Ohio, 499 U.S. 400, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991). Second, defendant is entitled to rely on the fact that peremptory challenges permit thos

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State v. Caldwell, 679 So. 2d 973, 1996 WL 474186 (La. Ct. App. 1996).

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