State v. Coleman

249 So. 3d 872
CourtLouisiana Court of Appeal
DecidedApril 13, 2018
Docket2017 KA 1045
StatusPublished
Cited by23 cases

This text of 249 So. 3d 872 (State v. Coleman) 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. Coleman, 249 So. 3d 872 (La. Ct. App. 2018).

Opinion

PENZATO, J.

The defendant, Rodrick D. Coleman, was charged by grand jury indictment with second degree murder, a violation of La. R.S. 14:30.1, and pled not guilty. After a trial by jury, the defendant was found guilty as charged. The trial court denied the defendant's motion for post-verdict judgment of acquittal and motion for new trial. The defendant was sentenced to life imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence. The defendant now appeals, assigning error in a counseled brief to the trial court's denial of his motion for post-verdict judgment of acquittal and the sufficiency of the evidence. The defendant also filed a pro se brief wherein he argues that he was prejudiced and denied a fair trial by the State's leading question on direct examination of a witness. For the following *875reasons, we affirm the conviction and sentence.

STATEMENT OF FACTS

On July 20, 2008, officers of the East Baton Rouge Parish Sheriff's Office (EBRPSO) were dispatched to the scene of a shooting in the Manson Drive and East Azalea Park Drive area of Baton Rouge. After arriving at 1076 Manson Drive, Officer Samuel Wilson, Jr. secured the scene and observed the deceased victim, Anthony Hall, lying on the ground with apparent gunshot wounds.2 The police further recovered a pistol3 located underneath the victim's body, and a clear plastic baggie of suspected marijuana located next to the passenger-rear tire of a vehicle near the victim's body. The officers collected evidence, photographed the scene at Manson Drive, and observed a blood trail within the alleyway leading to the parking lot at 14150 East Azalea Park Drive, where a blood-spattered vehicle, a white T-shirt, and a bicycle were discovered. However, the police did not recover any shell casings from the scene. The police also canvassed the area and spoke to many potential witnesses. David Brown, one of the Manson Drive residents, was interviewed by EBRPSO Detective Sonya Harden, and Brown subsequently testified at the trial. Brown went to his door immediately after hearing several gunshots. At that point, as Brown looked out of his window, a male wearing a white top and dark pants stated, "This is Pakistan," just before entering the backseat of a turquoise green four-door vehicle. The vehicle was driven away from the scene by a female. Detective Todd Morris, the captain of the EBRPSO Homicide Division (Violent Crimes Unit), interviewed another area resident, Bobby Singleton. Singleton, however, stated that he had no knowledge of the shooting, and that he was inside when the shots were fired.

The next morning, Detective Morris was contacted by an anonymous caller who identified the shooter as "Dre." Based on information received from anonymous tips4 and other potential witnesses, the police learned that Dre was a nickname for the defendant, that the defendant and his girlfriend, Rae Michelle Carrell (often referred to as "Rae Michelle"), were visiting her cousin, Shalena London, at London's residence on Azalea Park Avenue on the night in question, and that the defendant left the scene in London's green Chevrolet Cavalier immediately after the shooting. Further, despite his prior indication that he did not see the shooting, Singleton was identified as an eyewitness to the shooting. Thus, on July 25, 2008, the police went to Singleton's home and he agreed to a recorded interview by Detective Morris.

At the time of the offense, Singleton lived with his mother, Linda Taylor, on Azalea Park Avenue, which is near East Azalea Park Drive where the shooting occurred. Singleton, who became emotional and began crying during the interview, indicated that he had known the victim since third grade and that the victim was murdered on the eve of his twenty-third birthday.5 Singleton was initially *876standing outside in front of his brother's apartment with Dre (the defendant) and Rae Michelle. After the defendant and Rae Michelle went inside, Singleton saw the victim riding his bicycle towards him. Singleton, an admitted drug dealer, knew the victim's birthday was hours away and anticipated a drug sale at that point. As the victim approached, he asked Singleton if he could purchase some marijuana to celebrate, further stating that he had four dollars at the time. Considering the victim's upcoming birthday, Singleton agreed to make the exchange for two baggies and led the victim to the alleyway. As the victim placed the four dollars in Singleton's hand, the defendant "crept up" from behind before Singleton could give the victim the marijuana, and began shooting at the victim. The victim pushed Singleton just before attempting to flee. The defendant kept shooting at the victim, ultimately striking him.

The defendant testified at the trial and admitted that he, his girlfriend Rae Michelle, and her two children were at London's residence that night and that he was outside with Rae Michelle at the time of the shooting. He further admitted that he was wearing a long white T-shirt and dark blue jean shorts that night. According to the defendant, he and Rae Michelle were walking when they heard very loud gunshots that were seemingly fired "real, real close" to their standpoint. The defendant confirmed that he left the scene in a green vehicle, stating that after he secured Rae Michelle, they ran to London's apartment, woke up the children, and asked London to take them home. He confirmed that he knew Singleton, but denied knowing or shooting the victim, or having a gun that night.

SUFFICIENCY OF THE EVIDENCE

In a combined argument for the assignments of error, the defendant claims that there was no evidence the jury could have relied on to corroborate the facts asserted in supposed prior statements used to impeach Taylor and Singleton. The defendant notes that both witnesses testified that they did not recall making the pretrial out-of-court statements identifying the defendant, and neither witness was able to identify the defendant as the perpetrator in court. Thus, the defendant maintains that the prior statements cannot be relied on in considering whether the evidence is sufficient to support the conviction. The defendant argues that the jury should not have considered the substance of those statements as proof of the matter asserted. The defendant concludes that the balance of the evidence fails to rise to the level of proof beyond a reasonable doubt that the defendant was the shooter and guilty of second degree murder.

When issues are raised on appeal contesting the sufficiency of the evidence and alleging one or more trial errors, the reviewing court should first determine the sufficiency of the evidence. The reason for reviewing sufficiency first is that the accused may be entitled to an acquittal under Hudson v. Louisiana , 450 U.S. 40, 43, 101 S.Ct. 970, 972, 67 L.Ed.2d 30 (1981), if a rational trier of fact, viewing the evidence in accordance with Jackson v. Virginia

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Cite This Page — Counsel Stack

Bluebook (online)
249 So. 3d 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coleman-lactapp-2018.