State v. Cox

239 So. 3d 465
CourtLouisiana Court of Appeal
DecidedFebruary 21, 2018
DocketNO. 17–KA–508
StatusPublished
Cited by5 cases

This text of 239 So. 3d 465 (State v. Cox) 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. Cox, 239 So. 3d 465 (La. Ct. App. 2018).

Opinion

CHAISSON, J.

Defendant, Albert Cox, appeals his convictions and sentences for second degree murder and possession of a firearm by a convicted felon. Defense counsel has filed an appellate brief challenging evidentiary rulings by the trial court. In addition, defendant has filed a pro se supplemental brief asserting that the evidence was insufficient to support his conviction for second degree murder, that the form of the jury verdict was improper, and that the trial court failed to comply with the sentencing guidelines set forth in La. C.Cr.P. art. 894.1. We have considered the arguments presented in these briefs, and finding them to be without merit, we affirm defendant's convictions and sentences.

PROCEDURAL HISTORY

On January 14, 2016, a Jefferson Parish Grand Jury returned an indictment charging defendant with second degree murder, in violation of La. R.S. 14:30.1 (count one), and with possession of a firearm by a convicted felon, in violation of La. R.S. 14:95.1 (count two). Defendant pled not guilty to the charges at his arraignment on January 15, 2016. On May 4, 2016, defendant filed a motion to appoint a sanity commission, and after a hearing on June 22, 2016, the trial court found defendant competent to stand trial.

The matter initially proceeded to trial in December of 2016; however, at the conclusion of the proceedings, the jury was unable to reach a verdict, and a mistrial was declared. Trial commenced again before a twelve-person jury on April 10, 2017. After considering the evidence presented, the jury, on April 12, 2017, found defendant guilty as charged. Defendant thereafter filed a motion for acquittal notwithstanding the verdict and a motion for new trial. On April 19, 2017, the trial court denied these motions, and after delays were waived, sentenced defendant to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence on count one and to fifteen years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence on count two, to run consecutively. Defendant now appeals.

FACTS

This case stems from the shooting of Cornell Woods that occurred in October of *4702015 in a neighborhood in Kenner known as "Susan Park." At trial, Leroy Cage, a very good friend of the victim, recounted the events leading up to the shooting.

According to Mr. Cage, on October 7, 2015, he and Mr. Woods were "hanging out" after work in their neighborhood as they routinely did. As they were sitting in Mr. Woods' truck in front of Mr. Cage's house on Tupelo Street, defendant approached Mr. Woods on the driver's side of the truck, pointed his finger at him, and referred to Mr. Woods as a "bitch." Mr. Woods and Mr. Cage exited the truck, at which point Mr. Woods called defendant a "bitch," and defendant told Mr. Woods, "Whenever I walk down, I'm going to pistol whip you." Defendant then walked off in the direction of 27th Street towards his house on Jasper Street. Mr. Cage tried to deescalate the situation, telling Mr. Woods not to worry about "that fool," and they parted ways.

Shortly thereafter, as Mr. Cage was walking his dog in the neighborhood, he saw defendant, whom he knew from the neighborhood as "Wayne," walking down the street.1 Mr. Cage greeted defendant, but defendant ignored him and kept walking. Mr. Cage noticed that defendant, who had earlier been wearing a white t-shirt and blue shorts, was now dressed all in black and kept one hand in his pocket as he headed in the direction of Mr. Woods' house.

Mr. Cage then telephoned Mr. Woods to let him know defendant was heading his way; however, despite the earlier incident, Mr. Woods expressed that he was not "worried about that fool." After Mr. Cage got off the phone with Mr. Woods, he walked into the street and saw defendant, who was about three and a half blocks away, cross to the middle of the street by Mr. Woods' house and start shooting. At trial, Mr. Cage explained that he could not see anyone's faces at that point, but he heard four shots and could see the fire from the gun. Mr. Cage called 9-1-1, took his dog back to his house, told his wife that "Wayne just shot Cornell," and then got into his vehicle and drove to Mr. Woods' house.

In the meantime, officers from the Kenner Police Department responded to the scene. Upon his arrival, Detective Devin Diedling observed the victim lying face up, breathing sporadically, with an apparent gunshot wound to his chest. Mr. Woods was transported to the hospital where he later died from his injuries.2 During the course of their investigation, officers spoke to Mr. Cage about the information he had regarding the incident. As a result of this information, Detective Vincent Miranti, the lead detective in this case, compiled a photographic lineup and showed it to Mr. Cage, who positively identified defendant as the individual he knew as "Wayne."

Following this positive identification, Detective Miranti applied for a search warrant for defendant's house. However, before he got the chance to execute the warrant,3 he was informed that relatives of *471defendant had called to provide information regarding the case. Detective Miranti spoke with Laquittia Davis and Keokuk Davis, cousins of defendant. Laquittia told Detective Miranti, and subsequently testified at trial, that defendant called her on October 8, 2015, and told her that he "shot someone," which she was able to establish was Mr. Woods. Keokuk stated that Laquittia called him after speaking with defendant, which led him to call defendant. He questioned defendant, asking if what he told Laquittia was true, to which defendant affirmatively responded. Rene Cox, another cousin of defendant, went to the Kenner Police Department and provided information to Sergeant Jeff Adams. According to Ms. Cox, defendant had also called her and told her that he had killed someone.4

Based on the information obtained through the course of the investigation, Detective Miranti secured an arrest warrant for defendant. On October 8, 2015, after being located by the U.S. Marshals in Baton Rouge at the bus station, defendant was arrested and was subsequently transported to the Jefferson Parish Correctional Center.

COUNSELED ASSIGNMENTS OF ERROR

Exclusion of Evidence Regarding Defendant's Mental State (Assignment of Error Number One)

In his first assignment of error, defendant contends that his rights to confrontation and to present a defense were violated by the trial court's erroneous ruling that prohibited the introduction of evidence regarding his mental limitations at the time of his purported confessions to family members.

Prior to the first trial, the State filed a motion in limine to exclude evidence of insanity or mental defect pursuant to La. C.Cr.P. art. 651. In the motion, the State argued that evidence of defendant's mental status or alleged mental defect was inadmissible because defendant pled not guilty and did not place his sanity at issue through a formal plea of not guilty by reason of insanity. At the November 17, 2016 hearing on the motion, defense counsel responded that she should be allowed to cross-examine witnesses regarding defendant's mental capacity.

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Cite This Page — Counsel Stack

Bluebook (online)
239 So. 3d 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cox-lactapp-2018.