State v. Gintz

438 So. 2d 1230
CourtLouisiana Court of Appeal
DecidedOctober 12, 1983
DocketCR83-102
StatusPublished
Cited by18 cases

This text of 438 So. 2d 1230 (State v. Gintz) 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. Gintz, 438 So. 2d 1230 (La. Ct. App. 1983).

Opinion

438 So.2d 1230 (1983)

STATE of Louisiana, Appellee,
v.
Alvin W. GINTZ, Appellant.

No. CR83-102.

Court of Appeal of Louisiana, Third Circuit.

October 12, 1983.

*1231 Jerry B. Daye, Ferriday, Louis Vogt, Jonesville, for appellant.

John F. Johnson, Asst. Dist. Atty., Harrisonburg, for appellee.

Before DOMENGEAUX, FORET and YELVERTON, JJ.

FORET, Judge.

Alvin Wayne Gintz (defendant) was indicted for the second degree murder of James Doyle, in violation of LSA-R.S. 14:30.1. He entered a plea of not guilty and not guilty by reason of insanity. Subsequently, defendant was tried by a jury which found him guilty as charged. Pursuant to the penal provision of LSA-R.S. 14:30.1, the trial court sentenced defendant to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. Defendant appeals from his conviction.

ASSIGNMENTS OF ERROR
1. The trial court violated defendant's right to a fair trial by denying his motion for a continuance, which was necessary for him to adequately prepare his defense.
2. The trial court violated defendant's right to a fair and impartial jury by refusing to accept defendant's challenge for cause of a certain juror on the ground that she was biased against him.
3 & 6. The trial court erred in denying defendant's motions for a mistrial *1232 made when certain witnesses, in their testimony, alluded to other crimes alleged to have been committed by defendant.
4 & 5. The trial court erred in refusing to give certain special jury instructions as requested by defendant.

FACTS

The evidence indicates that defendant accompanied his cousin, Calvin M. Gintz, Jr., and Doyle on a deer hunting trip on January 1, 1982. At approximately 3:00 A.M., the hunting party left Pineville for the J.W. Ford Camp located near Aimwell, in Catahoula Parish. Upon arriving at the camp, they were met by Ford and his eight-year-old nephew. Everyone then proceeded into the woods surrounding the camp to hunt. Later that morning, Ford and his nephew returned to the camp and found defendant there. A short while later, Calvin and Doyle appeared at the camp.

Around noon, Ford and his nephew left for home. Doyle began cleaning the camp, but insisted that Calvin return to the woods to attempt to kill a deer that had been spotted in the area earlier that week and Calvin left to do so. He remained in the woods for a few hours and then returned to the camp. When he got within thirty feet of it, he saw Doyle lying on his back in the doorway. It appeared that he had either been stabbed or shot. Defendant was nowhere to be found.

After discovering Doyle's body, Calvin attempted to make his way through the woods to get help, and eventually stopped a truck that was being driven through the woods. The driver of that truck alerted other hunters in the area as to what had happened, and then brought Calvin to Ford's home. Meanwhile, someone else notified the Catahoula Parish Sheriff's Department that a person had been hurt or shot in the area.

Paul Blunschi, a criminal investigator for the Catahoula Parish Sheriff's Department, and a deputy, were the first persons to arrive at the camp and were met there by defendant. Blunschi told defendant that there was a report that there had been some trouble in the area. However, defendant stated that there was, "... no, no trouble up here".

Blunschi and the deputy then noticed a trail on the ground indicating that something had been dragged over it. The deputy followed the trail and came running back, telling Blunschi to handcuff defendant as he had found Doyle's body under a pile of leaves. Blunschi placed defendant under arrest and read him his rights. Under questioning, defendant admitted that he had stabbed Doyle. A knife found on defendant was later determined to be the murder weapon.

ASSIGNMENT OF ERROR NUMBER 1

Defendant contends that the trial court committed reversible error in denying a motion for a continuance filed by him. The motion was based on two grounds. First, defendant alleged that he was unable to meet with counsel for several weeks prior to trial because he was confined at the Feliciana Forensic Facility (F.F.F.). The trial court denied the motion on this ground, noting that defendant had been returned to Harrisonburg on October 12, 1982 (six days before trial began). The trial court further noted that defendant's counsel had been appointed to represent him some months before he was sent to F.F.F., and that counsel had not been denied access to him while he was confined there[1].

The second ground on which defendant relied was that he had not received certain medical reports of tests that were performed on him. He argued that these reports contained information necessary for him to prepare his defense on his plea of insanity. Defense counsel testified that both he and the District Attorney's office had attempted to obtain these reports, but *1233 were unable to do so. However, there had been no attempt made to interview the doctors personally at their offices, or to obtain the reports from them. Upon being informed by the Assistant District Attorney that the reports were available and that a deputy could be sent to pick them up, the trial court requested that this be done. It then denied defendant's motion on this ground. The reports were furnished to defendant's counsel on the second day of trial.

The granting or refusal of a motion for a continuance rests within the sound discretion of the trial court; its ruling will not be disturbed on appeal absent a clear abuse of discretion and a showing of specific prejudice caused by the denial. State v. Jordan, 420 So.2d 420 (La.1982); State v. Simpson, 403 So.2d 1214 (La.1981); State v. Haarala, 398 So.2d 1093 (La.1981). See also LSA-C.Cr.P. Article 712.

The record supports the trial court's conclusion that defendant had ample time to meet with his appointed counsel prior to trial. Thus, there was no clear abuse of discretion by the trial court in denying defendant's motion for a continuance based on this ground.

As for the second ground set forth by defendant in his motion, the record indicates that the medical tests were performed on defendant upon the recommendation of Dr. Edward W. Camp, III. Dr. Camp's recommendation was contained in a report he submitted to the trial court as a member of the Sanity Commission appointed to examine defendant. Dr. Camp declined to make a final diagnosis regarding any mental illness defendant might be suffering from until these tests were performed. However, at trial, Dr. Camp opined that defendant knew the difference between right and wrong at the time he committed the offense with which he was charged.

A review of the record makes it clear that Dr. Camp wanted the tests performed so that he could accurately diagnose defendant's mental illness. These tests were of no consequence with respect to his opinion regarding defendant's sanity. Dr. Camp was willing to give his opinion on this issue without reviewing the results of the tests.

We find no clear abuse of discretion by the trial court in denying defendant's motion for a continuance based on this ground.

This assignment of error is without merit.

ASSIGNMENT OF ERROR NUMBER 2

Defendant contends that the trial court erred in denying his challenge for cause of Mrs. Lorraine Weeks, a member of the jury that convicted him. Defendant argues that Mrs.

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Bluebook (online)
438 So. 2d 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gintz-lactapp-1983.