State v. Davenport

399 So. 2d 201
CourtSupreme Court of Louisiana
DecidedMay 18, 1981
Docket80-KA-2359
StatusPublished
Cited by35 cases

This text of 399 So. 2d 201 (State v. Davenport) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Davenport, 399 So. 2d 201 (La. 1981).

Opinion

399 So.2d 201 (1981)

STATE of Louisiana
v.
Lloyd DAVENPORT.

No. 80-KA-2359.

Supreme Court of Louisiana.

May 18, 1981.
Rehearing Denied June 22, 1981.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Paul Carmouche, Dist. Atty., Billy J. Guin, Jr., Asst. Dist. Atty., for plaintiff-appellee.

Stephen A. Glassell, Shreveport, for defendant-appellant.

*202 SWIFT, Justice Ad Hoc.[*]

Lloyd Davenport was charged with two counts of attempted first degree murder in violation of La.R.S. 14:27 and 30. After trial the jury returned a verdict of guilty of attempted manslaughter on both. The defendant was sentenced to serve seven and one-half years at hard labor for each offense, the sentences to run concurrently. He now appeals the convictions and sentences to this court, urging four of seven assignments of error.

Defendant Davenport encountered the two victims (a mother and her daughter) at a softball game on Sunday, May 20, 1979. He had been drinking and seems to have made an attempt to pick up the younger woman. Davenport then became involved in a heated dispute with both her and the mother. At some point the defendant went to his truck and got a .32 caliber pistol and returned to the scene of the argument. Ms. Pennywell, the mother, apparently grabbed a baseball bat. There was conflicting testimony on the subject between state and defense witnesses, but defendant stated she swung at him with the bat. He then shot her at point blank range in the side of her head and shot the daughter in the breast. Both victims survived, but the mother received permanent injuries. The defendant's contention that he acted in self defense because Ms. Pennywell was beating him with a baseball bat was rejected by the jury after hearing seven eyewitnesses, both victims and the defendant testify.

ASSIGNMENTS OF ERROR NOS. 2 AND 3

In these assignments the defendant urges the trial court erred in denying his counsel the right to read and examine the pretrial recorded statements of four state witnesses and to use them in cross examination of each witness; and alternatively in failing to conduct an in camera inspection of these statements.

The testimony of the four witnesses to the incident varied somewhat. However, all four of these persons stated that Ms. Pennywell did not hit the defendant with the bat or at least they did not see her hit him.

The defendant's position is that the issue of whether or not he was struck with the bat by Ms. Pennywell is of vital importance in regard to his plea of self defense. Therefore, the pretrial statements of these witnesses should be produced for him to see if there are any inconsistencies therein with their testimony on this issue or at least the trial judge should examine the statements in camera and determine if they contain any material inconsistencies or information of an exculpatory nature.

The state's position is that the trial judge properly refused defendant's request for production because it was not shown that any inconsistency existed between the statements and the witnesses' testimony. It relies on the following expression of this court in State v. Whitfield, 253 La. 679, 219 So.2d 493, 496 (La.1969):

"The jurisprudence is now well settled that the State is not required to permit inspection of a police report or a prior statement for use in cross-examination of a State witness for impeachment purposes unless the accused first shows that the report indicates that one or more of the material statements therein are contrary to the sworn testimony of the witness."

The same rule was applied in State v. Nails, 255 La. 1070, 234 So.2d 184 (La.1970), State v. Lovett, 359 So.2d 163 (La.1978), and in State v. Breaux, 366 So.2d 1375 (La.1978).

This court has also held that simply on a general request a trial judge is not required to conduct an in camera inspection of the district attorney's entire file to determine whether or not it contained any evidence favorable to the defendant. State v. Ranker, 263 La. 914, 269 So.2d 812 (1972). Also, in State v. Robinson, 342 So.2d 183 (La. 1977), *203 it was held that a defendant was not entitled to an in camera inspection by the trial judge where the state has denied possession of the specific information requested and the defendant makes no showing to the contrary.

In Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), of course, the United States Supreme Court has held that upon request the state must produce evidence that is favorable to the accused where it is material to guilt or punishment. The Brady rule has been expanded to include evidence which impeaches the testimony of a witness where the reliability or credibility of that witness may be determinative of guilt or innocence. Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972); State v. Roussel, 381 So.2d 796 (La.1980); State v. Curtis, 384 So.2d 396 (La.1980); State v. Landry, 388 So.2d 699 (La.1980).

In United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976) the United States Supreme Court stated:

"In Brady the request was specific. It gave the prosecutor notice of exactly what the defense desired. Although there is, of course, no duty to provide defense counsel with unlimited discovery of everything known by the prosecutor, if the subject matter of such a request is material, or indeed if a substantial basis for claiming materiality exists, it is reasonable to require the prosecutor to respond either by furnishing the information or by submitting the problem to the trial judge. When the prosecutor receives a specific and relevant request, the failure to make any response is seldom, if ever, excusable." [Emphasis added.]

Following Agurs, this court in State v. May, 339 So.2d 764 (La.1976), remanded the case to the district court for an in camera inspection of a letter allegedly written by a co-indictee which the accused specifically requested, claiming that it contained a statement that he had not participated in the crime. The trial judge was instructed to determine whether the letter existed; if so whether there was a substantial basis for defendant's claim that it was material to his guilt; and also whether in the context of the entire record it would create a reasonable doubt as to defendant's guilt.

In State v. Toledano, 391 So.2d 817 (La. 1980), the case was remanded to the trial court for inspection by the judge of the record of a state witness' juvenile adjudications and to decide whether the impeachment value thereof outweighed the witness' statutory interest in the confidentiality of such record.

The use of an in camera inspection by the trial judge (after which he had denied production for cross-examination of a requested written statement of a state witness on the basis that it would not have created a reasonable doubt as to guilt of the defendant that did not otherwise exist), was approved by this court in State v. Sylvester, 388 So.2d 1155 (La.1980). Said the court:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Kevin James Dalcourt
Louisiana Court of Appeal, 2012
Connick v. Thompson
131 S. Ct. 1350 (Supreme Court, 2011)
State v. Harper
53 So. 3d 1263 (Supreme Court of Louisiana, 2010)
State v. Wafer
719 So. 2d 156 (Louisiana Court of Appeal, 1998)
State v. Green
731 So. 2d 286 (Louisiana Court of Appeal, 1998)
State v. Barker
628 So. 2d 168 (Louisiana Court of Appeal, 1993)
State v. Turner
626 So. 2d 890 (Louisiana Court of Appeal, 1993)
State v. Kidd
568 So. 2d 175 (Louisiana Court of Appeal, 1990)
State v. Lewis
560 So. 2d 700 (Louisiana Court of Appeal, 1990)
State v. Evans
512 So. 2d 615 (Louisiana Court of Appeal, 1987)
State v. Paul
499 So. 2d 1288 (Louisiana Court of Appeal, 1986)
State v. Dawson
490 So. 2d 560 (Louisiana Court of Appeal, 1986)
State v. Buttner
489 So. 2d 970 (Louisiana Court of Appeal, 1986)
State v. Lopez
484 So. 2d 217 (Louisiana Court of Appeal, 1986)
State v. Arnold
466 So. 2d 520 (Louisiana Court of Appeal, 1985)
State v. Simpson
464 So. 2d 1104 (Louisiana Court of Appeal, 1985)
State v. Yancy
465 So. 2d 48 (Louisiana Court of Appeal, 1985)
State v. Whitlock
454 So. 2d 871 (Louisiana Court of Appeal, 1984)
State v. Brown
452 So. 2d 790 (Louisiana Court of Appeal, 1984)
State v. Howard
447 So. 2d 475 (Supreme Court of Louisiana, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
399 So. 2d 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davenport-la-1981.