State v. Dailey

607 So. 2d 904, 1992 WL 310236
CourtLouisiana Court of Appeal
DecidedOctober 28, 1992
Docket24221-KA
StatusPublished
Cited by21 cases

This text of 607 So. 2d 904 (State v. Dailey) 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. Dailey, 607 So. 2d 904, 1992 WL 310236 (La. Ct. App. 1992).

Opinion

607 So.2d 904 (1992)

STATE of Louisiana, Appellee,
v.
Thomas Wayne DAILEY, Appellant.

No. 24221-KA.

Court of Appeal of Louisiana, Second Circuit.

October 28, 1992.

*905 Samuel Thomas, Tallulah, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, James D. Caldwell, Dist. Atty., Vicki Baker, Asst. Dist. Atty., Tallulah, for appellee.

Before LINDSAY, VICTORY and STEWART, JJ.

LINDSAY, Judge.

The defendant, Thomas Wayne Dailey, appeals his conviction for second degree murder on the grounds that no psychiatrists were appointed to his sanity commission that his confession was not made freely and voluntarily. For the reasons expressed, we affirm the defendant's conviction and sentence.

FACTS

The evidence, which is not controverted on appeal, reveals that on September 21, 1990, the victim, Angel Alonzo, went to an establishment in Tallulah, Louisiana called the Capri, also known as JoAnn's Lounge. The victim ate a meal and had some drinks. The victim reportedly flashed some cash around in the establishment and remarked that he had plenty of money.

The defendant had gone to the lounge with James Ricky Brewer to find a female friend, Sean Davidson Villedrouin, who occasionally worked there. The defendant and Brewer wanted Ms. Villedrouin to leave with them.

While at the lounge, the defendant, Brewer and Villedrouin talked with the victim about going to Delhi to "party." However, the victim declined. He left alone *906 and went to another nearby drinking establishment.

The defendant, Brewer and Villedrouin followed shortly thereafter and noticed the victim's vehicle at the establishment. The defendant and his companions stopped and again made contact with the victim. The four then left together, traveling toward Delhi in a truck driven by Ricky Brewer and owned by Brewer's cousin.

The group made a couple of stops by the roadway to relieve themselves. On the second stop, the defendant attacked the victim and beat him into unconsciousness with his fists and with a crow bar. The defendant loaded the victim into the back of the truck and the group drove away with the defendant giving directions that they drive to Joe's Bayou to dispose of the body.

As they traveled toward the Bayou, the victim began to revive. The defendant went into the bed of the pickup truck and again beat the victim about the head.

Prior to disposing of the body in Joe's Bayou, the defendant took approximately $300 from the victim's wallet. After disposing of the body in the waters of the Bayou, the trio went to a car wash in Tallulah and washed the blood out of the back of the truck and off the crow bar. The group then went to Brewer's girlfriend's house where the defendant washed up and changed out of his bloody clothing. The defendant put his clothing and a cap belonging to the victim in a plastic bag, cut holes in the bag so that it would sink, and threw the bag into the Mississippi River.

The victim's body was discovered by a fisherman early the next morning. An autopsy revealed that the victim died from brain damage caused by massive head injuries.

Ricky Brewer's cousin, David Brewer, the owner of the truck, became suspicious and made an anonymous call to the police. Casts of the truck tires were made and were matched to tire tracks found at Joe's Bayou where the body was discovered. Blood samples were taken from the truck and were determined to be human blood.

Subsequently, Ricky Brewer and Sean Villedrouin gave statements confessing their part in the offense. The defendant was questioned about the offense shortly after it occurred. However, he was not arrested until October 5, 1990. This arrest occurred in another parish and was based on unrelated charges.

The investigation of the present offense continued and ultimately, on October 10, 1990, the defendant gave a statement to law enforcement officials in which he admitted killing the victim.

Thereafter, the defendant was charged by grand jury indictment with first degree murder and armed robbery. However, the charge was reduced to second degree murder prior to trial.

The defendant entered a plea of not guilty and not guilty by reason of insanity. A sanity commission was appointed pursuant to a motion by the defendant. The sanity commission found the defendant was sane at the time of the commission of the offense and had the capacity to proceed to trial.

The defendant was tried by jury on November 18-25, 1991. He was found guilty as charged of second degree murder.

The defendant appealed his conviction. On appeal, he complains of the composition of his sanity commission and contends that the trial court erred in failing to suppress his confession because it was allegedly made under duress, while the defendant was depressed, on drugs and suffering from a mental disorder.

SANITY COMMISSION

The defendant contends that the trial court erred in failing to appoint psychiatrists to his sanity commission. The defendant argues that he was entitled to a complete psychological examination by doctors qualified in psychiatry notwithstanding his indigent status.

In the trial court, the defendant filed a motion for the appointment of a sanity commission to conduct a hearing "in conformity with C.Cr.P. Arts. 644-647." LSA-C.Cr.P. Art. 644(A) provides:

*907 Within seven days after a mental examination is ordered, the court shall appoint a sanity commission to examine and report upon the mental condition of the defendant. The sanity commission shall consist of at least two and not more than three physicians who are licensed to practice medicine in Louisiana, who have been in the actual practice of medicine for not less than three consecutive years immediately preceding the appointment, and who are qualified by training or experience in forensic evaluations. No more than one member of the commission shall be the coroner or any one of his deputies. The court may appoint, in lieu of one physician, a psychologist who is licensed to practice psychology in Louisiana who has been engaged in the practice of clinical or counseling psychology for not less than three consecutive years immediately preceding the appointment, and who is qualified by training or experience in forensic evaluations.

The selection of physicians to serve on a sanity commission rests within the sound discretion of the trial judge. State v. Vince, 305 So.2d 916 (La.1974). There is no requirement in LSA-C.Cr.P. Art. 644 that the doctors appointed to a sanity commission be psychiatrists. State v. Taylor, 347 So.2d 172 (La.1977); State v. Stuart, 344 So.2d 1006 (La.1977). The comments to this article indicate that although there is no requirement that the doctors appointed to the sanity commission be psychiatrists, "It is contemplated that Louisiana courts will continue the practice of appointing a psychiatrist or psychiatrists when available...."

In State v. Crochet, 354 So.2d 1288 (La.1977), the Louisiana Supreme Court stated that while there is no requirement that the doctors appointed to a sanity commission be psychiatrists, the refusal to appoint an available psychiatrist to a sanity commission could constitute an abuse of discretion. However, in the absence of a showing that such a specialist was available for appointment, there is no error.

In this case, on the form provided by the defendant, the trial court appointed a sanity commission consisting of Dr. Jacob Storey, a local general practitioner who is also a physician at the Tallulah Mental Health Center, and Dr. T.A.

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Cite This Page — Counsel Stack

Bluebook (online)
607 So. 2d 904, 1992 WL 310236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dailey-lactapp-1992.