State v. Corkern

897 So. 2d 57, 2004 WL 2071947
CourtLouisiana Court of Appeal
DecidedSeptember 17, 2004
Docket2003 KA 1393
StatusPublished
Cited by6 cases

This text of 897 So. 2d 57 (State v. Corkern) 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. Corkern, 897 So. 2d 57, 2004 WL 2071947 (La. Ct. App. 2004).

Opinion

897 So.2d 57 (2004)

STATE of Louisiana
v.
Albert CORKERN.

No. 2003 KA 1393.

Court of Appeal of Louisiana, First Circuit.

September 17, 2004.
Writ Denied February 18, 2005.

*59 Hon. Scott M. Perrilloux, District Attorney, A. Bradley Berner, Morgan Griggs, Assistant District Attorneys, Amite, for State of Louisiana.

Jane L. Beebe, Gretna, for Defendant-Appellant Albert Corkern.

Before: CARTER, C.J., PETTIGREW, and McDONALD, JJ.

PETTIGREW, J.

The defendant, Albert Corkern, was charged by grand jury indictment with second degree murder, a violation of La. R.S. 14:30.1. He pled not guilty and moved to suppress his oral inculpatory statement. Following a contradictory hearing, the trial court denied the motion to suppress. The defendant was tried by a jury and convicted as charged. He was sentenced to life imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence. The defendant moved for a new trial and for post verdict judgment of acquittal. The trial court denied both motions. The defendant now appeals. Finding no merit in the assigned errors, we affirm.

FACTS

On March 30, 2001, the defendant and his wife, Elaine Corkern (the victim), were alone in their Tickfaw, Louisiana, residence. At some point during the night, the couple engaged in an argument during which the victim threatened to leave the defendant. In response, the defendant fired a single gunshot, fatally injuring the victim. The defendant was subsequently arrested and charged with second degree murder.

INSUFFICIENT EVIDENCE

In his first assignment of error, the defendant submits that the evidence presented by the State at trial was insufficient to support the second degree murder conviction. Specifically, he argues that the evidence failed to prove that he possessed the requisite specific intent to kill or inflict great bodily harm. In the alternative, the defendant argues his actions were a result of provocation and, thus, support only a conviction of manslaughter.

The standard of review for the sufficiency of evidence is whether, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could conclude the State proved the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560, 573 (1979); La.Code Crim. P. art. 821. This standard of review, in particular the *60 requirement that the evidence be viewed in the light most favorable to the prosecution, obliges the reviewing court to defer to the actual trier of fact's rational credibility calls, evidence weighing, and inference drawing. State v. Mussall, 523 So.2d 1305, 1308-1311 (La.1988). The reviewing court will not assess the credibility of witnesses or reweigh the evidence to overturn a fact finder's determination of guilt. State v. Houston, 98-2658, p. 5 (La.App. 1 Cir. 9/24/99), 754 So.2d 256, 259.

Second degree murder is defined in La. R.S. 14:30.1(A)(1) as the killing of a human being "[w]hen the offender has a specific intent to kill or to inflict great bodily harm." Thus, to support a conviction for second degree murder the State is required to show: 1) the killing of a human being; and 2) that the defendant had the specific intent to kill or inflict great bodily harm. State v. Morris, 99-3075, p. 13 (La.App. 1 Cir. 11/3/00), 770 So.2d 908, 918, writ denied, XXXX-XXXX (La.10/12/01), 799 So.2d 496, cert. denied, 535 U.S. 934, 122 S.Ct. 1311, 152 L.Ed.2d 220 (2002).

Specific criminal intent is the state of mind that exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La. R.S. 14:10(1). Specific intent may be proved by direct evidence, such as statements by a defendant, or by inference from circumstantial evidence, such as a defendant's actions or facts depicting the circumstances. State v. Cummings, 99-3000, p. 3 (La.App. 1 Cir. 11/3/00), 771 So.2d 874, 876. Specific intent to kill or inflict great bodily harm can be Inferred from a shooting that occurs at a fairly close range. See La. R.S. 14:30.1(A)(1); Cummings, 99-3000 at 4, 771 So.2d at 876. Moreover, it is clear that deliberately pointing and firing a deadly weapon at close range are circumstances that will support a finding of a specific intent to kill. State v. Broaden, 99-2124, p. 18 (La.2/21/01), 780 So.2d 349, 362, cert. denied, 534 U.S. 884, 122 S.Ct. 192, 151 L.Ed.2d 135 (2001); State v. Tassin, 536 So.2d 402, 411 (La.1988), cert. denied, 493 U.S. 874, 110 S.Ct. 205, 107 L.Ed.2d 159 (1989). See also State v. Dubroc, 99-730, pp. 6-7 (La.App. 3 Cir. 12/15/99), 755 So.2d 297, 303-304.

In the instant case, the jury considered the following testimony and evidence. Jennifer Corkern, the daughter-in-law of the victim and the defendant, testified that at the time of the instant offense she and her husband William Corkern (the couple's son) lived next door. On the night in question, Jennifer and William were returning home when they overheard the defendant and the victim arguing inside their residence.

According to Jennifer, the following morning, at approximately 8:30, she went next door to visit with the victim. She knocked on the door but no one answered. Jennifer placed a call to the victim's cell phone, but the victim did not answer the call. Meanwhile, as she and William remained outside doing yard work, Jennifer returned and knocked on the victim's door several times. Jennifer thought it strange that although the victim's vehicle was still parked at the residence, she did not answer the door. Jennifer testified that she did not observe anyone enter or exit the couple's residence. Later, sometime around noon, when Jennifer approached again and knocked on the couple's door, the defendant answered. He partially opened the door and told Jennifer the victim was not feeling well and was asleep.

Later on that day, when Jennifer returned to check on the victim, despite having earlier claimed that the victim was III, the defendant told Jennifer that the victim was not at home. He said she left with a *61 friend, Ruth McGary. Shortly thereafter, when William asked the defendant (his father) for assistance in unloading some appliances, the defendant exited the residence and locked the door behind him. Finding the defendant's actions bizarre, particularly in light of the argument she overheard the previous night, Jennifer grew concerned for the victim.

Jennifer testified that later on, after they observed the defendant depart from the residence, she and William approached and knocked on the couple's door again, hoping the victim would answer. Still no one answered. Once the defendant returned, Jennifer and William (determined to enter the residence to investigate) asked the defendant for permission to use his telephone.[1] The defendant hesitantly allowed them inside. Inside the apartment, Jennifer stated she observed broken beer bottles on the floor and a large stain, which appeared to be dried blood, on the floor. She also noticed that the couple's bedroom door was closed. Attempts to open the door were unsuccessful, as it was locked. Jennifer used the telephone to contact Ms. McGary to inquire about the victim's whereabouts. Ms. McGary indicated she had not seen the victim at all that day.

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Cite This Page — Counsel Stack

Bluebook (online)
897 So. 2d 57, 2004 WL 2071947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-corkern-lactapp-2004.