State v. Catchings

440 So. 2d 153
CourtLouisiana Court of Appeal
DecidedAugust 3, 1983
DocketKA-0548
StatusPublished
Cited by6 cases

This text of 440 So. 2d 153 (State v. Catchings) 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. Catchings, 440 So. 2d 153 (La. Ct. App. 1983).

Opinion

440 So.2d 153 (1983)

STATE of Louisiana
v.
Stanley CATCHINGS.

No. KA-0548.

Court of Appeal of Louisiana, Fourth Circuit.

August 3, 1983.
Rehearing Denied November 22, 1983.

*155 Noland & Boasso, Lawrence J. Boasso, New Orleans, for appellant.

Harry F. Connick, Dist. Atty., John H. Craft, Asst. Dist. Atty., New Orleans, for the State.

Before GULOTTA, CIACCIO and WILLIAMS, JJ.

CIACCIO, Judge.

Stanley Catchings was charged, by bill of information, with being a convicted felon in possession of a firearm. R.S. 14:95.1. After a jury trial, the defendant was found guilty as charged and was sentenced to serve nine (9) years and eleven (11) months imprisonment at hard labor; was fined three thousand ($3,000) dollars and, in lieu of payment of this fine, was ordered to serve an additional thirty (30) days in jail. The defendant has appealed his conviction and sentence relying upon six (6) assignments of error.

On May 24, 1982 Officer Jimmy Slack of the New Orleans Police Department was in the vicinity of Conti and Treme Streets in New Orleans when he observed a subject shout from a second story balcony. He watched people running from a courtyard to the side of a truck. He then saw a grey 1974 Dodge Coronet automobile driving off from the far end of Conti Street and proceeding unto Basin Street. Officer Slack radioed for assistance and proceeded to stop the grey vehicle in the 400 block of Basin Street. The vehicle was occupied by the defendant, Stanley Catchings, and a black female companion. The vehicle belonged to Delphia Walker, the mother of a child of the defendant. She had loaned the car to the defendant on the previous day because she was going on a trip and the defendant was to use the vehicle to bring her to the airport.

The defendant was arrested by Officer Slack and charged with attempted murder.

Officer John Laper assisted in the shooting investigation. After receiving an emergency radio broadcast and talking to Officer Slack, Officer Laper went to the 1200 block of Conti Street. There he recovered two spent bullets: one from inside the residence at 1312 Conti Street and one from the sidewalk outside that residence. He also recovered two live rounds of ammunition from the bottom of the steps inside the first floor of the residence. He left the residence and proceeded to the scene of the arrest. Officer Laper was given permission, by the defendant, to search the vehicle. He found a .38 five-shot revolver, containing three live rounds of ammunition, wedged to the top of the dashboard about 6 to 8 inches from the glove compartment. A check of the registration of the gun failed to reveal a registrant. No fingerprints were on the gun. According to Officer Slack two live rounds of ammunition were also recovered from the defendant's right front pocket.

*156 Assignment of Error No. 1.

Defendant objects and assigns error to the actions of the trial court in restricting voir dire examination by defense counsel.

The defendant first complains that the trial court erred in refusing to allow an inquiry as to whether any of the potential jurors supported gun control legislation.

The purpose of voir dire examination is set forth in the Louisiana Supreme Court decision of State v. Perry, 420 So.2d 139 at 144 (La.,1982):

We have recognized that the purpose of voir dire examination is to determine qualifications of prospective jurors by testing their competency and impartiality. It is designed to discover bas[e]s for challenges for cause and to secure information for an intelligent exercise of peremptory challenges.

The Louisiana Constitution guarantees the accused the right to full voir dire examination of prospective jurors. La. Const. Art. 1 § 17. The scope of voir dire examination, however, is within the sound discretion of the trial judge and such rulings will not be disturbed absent an abuse of discretion. C.Cr.P. Art. 786. State v. Perry, supra.

The defense counsel asked whether any juror was actively involved in legislation for gun control or were proponents for gun control legislation. The court sustained the State's objection to this inquiry. The court stated:

"Objection sustained. That has nothing to do with this charge at all.
* * * * * *
Ask them if they've got prejudice against people who carry guns. That's all. Don't go into something like this."

Therefore, it is clear that the trial judge evaluated the defense's inquiry and found it to be irrelevant. We find no abuse of discretion in this ruling. Furthermore, no prejudice could have resulted from this ruling because the trial judge afforded the defense counsel the opportunity to make a relevant inquiry on the subject and he even suggested the proper form of the question. Defense counsel did not avail himself of the opportunity afforded him to make a relevant inquiry. For these reasons we find that the trial court did not err in this ruling.

The defendant next complains that the trial court erred when it denied defense counsel the right to traverse a juror challenged by the State for cause.

The State questioned whether any potential juror, because of a problem with any member of the New Orleans Police Department, felt that he could not be fair and impartial in judging a police officer's testimony. One juror related a recent bad encounter with a member of the local police department. This juror was asked whether he would equate that police officer with all police officers and he responded that he would. The State challenged the juror for cause and the court accepted the challenge. The defense stated that it would like a chance to traverse and the court responded by saying that it was not necessary and added "If you think you could rehabilitate a juror like that": The defendant excepted to the court's ruling.

The State or defendant may challenge a juror for cause on the grounds that the juror is not impartial, whatever the cause of his partiality. C.Cr.P. Art. 797(2). "When a defense attorney is precluded from voir dire examination of a prospective juror which may have demonstrated the juror's ability to render an impartial verdict, the granting of a prosecution challenge for cause by the trial court deprives an accused of his right to full voir dire examination." State v. Claiborne, 397 So.2d 486 at 487. (La.,1981).

In this case the trial judge was satisfied that the potential juror was not impartial. The juror gave no indication that he may have been rehabilitated as he responded unequivocally that he would equate all police officers with the one involved in his bad experience. Accordingly, we find no abuse of discretion by the trial court's ruling.

*157 Moreover, it is worthy of note that even if the allowance of the State's challenge for cause had been erroneous, the defendant would have no grounds for complaint in this case as the State had exercised a total of only six peremptory challenges throughout the trial. C.Cr.P. Art. 800. State v. Edwards, 406 So.2d 1331 (La., 1981).

Assignment of Error No. 1 lacks merit. Assignments of Error Nos. 2 and 3.

The defendant, by these assignments of error, complains that irrelevant and prejudicial evidence of "other crimes" was admitted at the trial of this case, without prior notice of the State's intention to use such evidence. He further alleges that the trial court erred in refusing to grant a mistrial due to the erroneous introduction of this evidence.

The defendant avers that under R.S.

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440 So. 2d 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-catchings-lactapp-1983.