State v. Calhoun

974 So. 2d 805, 2008 WL 141768
CourtLouisiana Court of Appeal
DecidedJanuary 16, 2008
Docket42,896-KA
StatusPublished
Cited by4 cases

This text of 974 So. 2d 805 (State v. Calhoun) 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. Calhoun, 974 So. 2d 805, 2008 WL 141768 (La. Ct. App. 2008).

Opinion

974 So.2d 805 (2008)

STATE of Louisiana, Appellee,
v.
James L. CALHOUN, Appellant.

No. 42,896-KA.

Court of Appeal of Louisiana, Second Circuit.

January 16, 2008.

Louisiana Appellate Project by W. Jarred Franklin, for Appellant.

Paul J. Carmouche, District Attorney, Suzanne M. Owen, John Ford McWilliams, Jr., Assistant District Attorneys, for Appellee.

Before STEWART, GASKINS and MOORE, JJ.

MOORE, J.

The defendant, James Calhoun, was charged by amended bill of information with aggravated burglary, a violation of La. R.S. 14:60. A 12-person jury convicted Calhoun as charged. Later, he was found to be a second felony offender and sentenced to 27 years at hard labor. Defendant now appeals his convictions and sentence. We affirm.

*807 FACTS

At trial, the victim, Michael Metcalf, testified that on the evening of August 8, 1997, while lying on a sofa watching television in his living room, he heard someone knocking at the back door of his house. When he looked out the window, he (initially) saw two men walking away. He opened the door and asked, "What's up?" The defendant told Metcalf that he had run out of gas and asked if he had a gas can. Metcalf indicated that a third man also walked back to the door. Although he did not know the defendant by name, Metcalf recognized the defendant from the Cedar Grove neighborhood and also recognized the defendant as a man who came to his house two weeks earlier to ask about a person he knew. Metcalf identified the defendant in the courtroom. Metcalf did not know or recognize the other two men.

Metcalf retrieved a gas can from his hallway and attempted to give it to Calhoun, who knocked it down, ran into Metcalf's house, and started beating up Metcalf. The other two men came in behind Metcalf and started beating and kicking Metcalf. One of them grabbed a kitchen knife from a cabinet, while another went into the living room and retrieved Metcalf's .38 revolver from the coffee table. The man with the knife held it "like he was going to stab me in my face." The men, including Calhoun, demanded that Metcalf tell them where his money was as they began to ransack the house searching for money. Fearing for his life, Metcalf told them that he had $45 in a pair of pants located in a back bedroom. Metcalf testified that the men took his money, his pager, and the revolver.

The prosecution introduced photographs of the crime scene pursuant to Metcalf s testimony and the knife used in the crime. Metcalf indicated that on the way out of his house, one of the men snatched the telephone out of the wall so that Metcalf could not call the police. After the men left, he went next door and called the police. He then went to LSU Medical Center where he received four stitches on the side of his head.

Metcalf stated that he had found out the defendant's name from a man in Cedar Grove. He knew a girl named Cookie who was dating Calhoun's brother, and he gave that information to Detective Michael Day. Day later called him to look at a photographic lineup. Metcalf identified Calhoun's picture in the lineup. This same lineup was introduced into evidence at trial. Metcalf said he was certain in identifying Calhoun at the time he had viewed the lineup and was certain that day in court. He denied that he gave Calhoun permission to enter his home, attack him, and steal his money and property.

Officer W.J. McCurry of the Shreveport Police Department testified that on the date of the crime, he responded to the call. Metcalf told him that "some guys had come in on him and beat him up and took some money and, 1 think, an old gun or something he had around there." McCurry looked at photos of the crime scene and verified that they depicted what he had seen.

McCurry acknowledged that his report indicated that Metcalf told him that when he had returned to the door, two other suspects appeared and rushed into Metcalf's house and began beating him. McCurry stated that maybe he didn't clarify, but he understood Metcalf to mean that all three men came in. McCurry also admitted that in his report he stated that one suspect got one of Metcalf's knives and cut the telephone phone line and made an attempt to stab Metcalf, but one of the other suspects told him not to. McCurry then indicated that was what Metcalf told *808 him that night, although Metcalf later denied telling that to the police.

McCurry also testified that Metcalf said that the suspect was Eric's brother and that Eric dated Cookie who lived on Milton Street.

Detective Mike Day interviewed Calhoun at the city jail on. September 3, 1997, and taped the conversation. This conversation and Day's testimony regarding a subsequent telephone call allegedly from Calhoun were the subject of a motion to suppress filed by the defendant and denied by the trial court.

At trial Detective Day testified that he investigated the crime at issue. He went to the crime scene and spoke with Metcalf. Day said that Metcalf told him that he knew a girl named Cookie who was seeing a young man named Eric, and that Metcalf believed one of the individuals involved was Eric's brother. Metcalf gave Day Cookie's telephone number. Day called the number and found out that Eric's last name was Calhoun. From this information, Day developed the defendant as a suspect. Day then created a photographic lineup that included James Calhoun and showed the lineup to Metcalf. He testifled that Metcalf was visibly shaken and immediately pointed to Calhoun's photo, identifying him as the person who robbed him. Eventually, Calhoun turned himself in, wanting to find out about the arrest warrant issued on him. Day testified that the city jail interview took place the night after Calhoun was booked. Calhoun denied any part in the burglary. At trial, the rights card was then introduced and the tape of the interview was played for the jury.

Day further testified that he received a call from a person who identified himself as James Calhoun, and said he was calling from the Caddo Correctional Center ("CCC"), where Calhoun had been transferred. The caller referred to the city jail conversation and said that he wished to make another statement to Day. Day reminded him of his Miranda rights, but the caller wanted to know what kind of deal he could get. Day responded that he was not empowered to make a deal and said that if the caller had any information that might help his case or that would exonerate him, he needed to talk to his attorney. According to Day, the caller said that he had lied to Day at the city jail because he was afraid. The phone conversation terminated shortly afterward in "mid-sentence."

Day also testified that Calhoun had indicated his mother, Rosie Calhoun, could be his alibi and that someone identifying herself as Rosie Calhoun had called Day and told him that her son had nothing to do with the crime. She said that on the day of the crime she had been to CCC to visit her other son, Eric, and had returned after 8:00 p.m. to her residence. She said that the defendant babysat for her up until that time and spent the night there, but they were not in personal contact the whole time because she went to bed; she was not certain what time she had gone to bed.

After the state rested, the defense offered no evidence. Calhoun's attorney indicated that "when we returned back from lunch I was without a client to assist me in the conclusion of this trial." Calhoun had left the courtroom and never returned. His counsel moved for a mistrial, but the court denied the motion. After closing arguments, the jury returned a guilty verdict.

Calhoun remained at large for several years before being recaptured.

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Cite This Page — Counsel Stack

Bluebook (online)
974 So. 2d 805, 2008 WL 141768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-calhoun-lactapp-2008.