State v. Graham

486 So. 2d 1139
CourtLouisiana Court of Appeal
DecidedApril 2, 1986
Docket17711-KA
StatusPublished
Cited by11 cases

This text of 486 So. 2d 1139 (State v. Graham) 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. Graham, 486 So. 2d 1139 (La. Ct. App. 1986).

Opinion

486 So.2d 1139 (1986)

STATE of Louisiana, Appellee,
v.
Joe Nathan GRAHAM, Appellant.

No. 17711-KA.

Court of Appeal of Louisiana, Second Circuit.

April 2, 1986.
Rehearing Denied April 30, 1986.

*1141 Indigent Defender Office by James H. Carter, Jr. and Richard E. Hiller, Shreveport, for appellant.

William J. Guste, Jr. Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., Richard L. Carney and Randall K. Colvin, Asst. Dist. Attys., Shreveport, for appellee.

Before FRED W. JONES, Jr., SEXTON and LINDSAY, JJ.

LINDSAY, Judge.

The defendant, Joe Nathan Graham, appeals his conviction for simple burglary of an inhabited dwelling in violation of LSA-R.S. 14:62.2. We affirm the defendant's conviction.

FACTS

The charge against the defendant arose from a burglary of the home of Mr. and Mrs. Ted Bounds, Sr. of Keithville, Louisiana. On December 8, 1984 the Bounds returned to their home around noon following a shopping trip to Shreveport. The home had been burglarized and several items were missing including three television sets, several guns, two portable telephones, and a microwave oven. The house was processed for fingerprints but no matches were made.

During their investigation, Caddo Sheriff's Deputies questioned Melvin Williams who indicated the defendant sold a television to Jerry Anthony. Anthony was killed in an auto accident on December 11, 1984. However, on December 13, 1984 Anthony's mother was contacted and a television set was recovered from Anthony's effects. The television set was determined to have been taken from the Bounds' residence. It was determined that Anthony obtained the television set from the defendant. The defendant was subsequently arrested and gave a recorded confession. The other items taken in the burglary were not recovered.

Prior to trial, a motion to suppress evidence was filed by the defendant in which he sought to suppress his inculpatory statement. Following an evidentiary hearing on the motion, the trial court ruled that the defendant's confession had been properly obtained, had been given freely and voluntarily and was properly admissible in evidence at the trial on the merits. Subsequently, defendant was tried by jury and convicted of simple burglary of an inhabited dwelling. Defendant appealed his conviction urging twenty-two assignments of error. However, only eight assignments of error have been briefed or argued to this court. Those assignments not briefed or argued are considered abandoned. State v. Domingue, 298 So.2d 723 (La.1974); State v. Williams, 338 So.2d 672 (La.1976).

SCOPE OF VOIR DIRE

The defendant argues the trial court erred in not allowing the defense to question prospective jurors regarding their views, attitudes and approach in evaluating whether a statement was made freely and voluntarily, whether they could apply the law regarding free and voluntary statements, and whether they would disregard a statement that was not made freely and voluntarily. The state objected to the defense's line of questioning arguing it required jurors to commit themselves to a question of law or fact. The trial court sustained the objection, instructing defense counsel to pose general questions to the prospective jurors regarding their ability to accept the law applicable to inculpatory *1142 statements and the free and voluntary nature thereof. On appeal, the defendant contends the trial court committed reversible error in limiting the scope of his voir dire examination. We find this argument to be without merit.

The analysis used in determining whether the trial court erred in restricting a defendant's scope of examination on voir dire was stated by this court in State v. Pettaway, 450 So.2d 1345 (La.App. 2d Cir. 1984), writ denied 456 So.2d 171 (La.1984):

An accused has the right of a full voir dire examination of prospective jurors. Louisiana Const.1974, Art. 1 § 17. Because this right has a constitutional basis, wide latitude should be given the defendant to test prospective jurors' competence and impartiality. State v. James, 431 So.2d 399 (La.1983). Whether a particular question is essential to a full voir dire is within the discretion of the trial judge whose rulings will only be disturbed upon a clear abuse of that discretion. State v. Parker, 416 So.2d 545 (La.1982). See also La.C.Cr.P. Art. 786. When the question arises whether voir dire examination has been unduly restricted, the disallowance of a proper question is not automatically reversible. In evaluating the fairness of the ruling, the entire examination must be considered. State v. Robinson, 404 So.2d 907 (La.1981).

The purpose of voir dire examination of prospective jurors is to determine their competence and impartiality, and to afford counsel a basis to make challenges for cause and to secure information for the intelligent exercise of peremptory challenges. A defendant will not be allowed to attempt to elicit from a juror in advance his opinion concerning the weight of certain evidence that might be introduced at trial or to argue his case. State v. Richey, 258 La.1094, 249 So.2d 143 (1971); State v. Corbin, 285 So.2d 234 (La.1973); State v. Drew, 360 So.2d 500 (La.1978); State v. Robinson, 404 So.2d 907 (La.1981); State v. James, 431 So.2d 399 (La.1983), writ denied, 464 U.S. 1005, 104 S.Ct. 520, 78 L.Ed.2d 705 (1983).

After reviewing the entire record of voir dire examination in this case it is clear the trial court did not err in restricting the defendant's scope of questioning. The defendant was afforded an opportunity to fully inquire into the ability of prospective jurors to apply the law regarding inculpatory statements and the free and voluntary nature thereof. Defendant was afforded the opportunity to utilize voir dire for its intended purpose of evaluating the competency and impartiality of prospective jurors and to obtain sufficient information to make a decision on the use of peremptory challenges and challenges for cause. The trial court correctly prevented defense counsel from attempting to elicit from jurors before the introduction of evidence the weight they would afford an inculpatory statement by the defendant and from attempting to argue or imply during voir dire that the statement was not freely or voluntarily made.

The facts in this case are distinguishable from those presented to this court in State v. Shepard, 468 So.2d 594 (La.App. 2d Cir. 1985). In Shepard, the defendant was charged with second degree murder. Defendant maintained the crime was committed during the "heat of passion" and therefore he was guilty of a lesser charge of manslaughter. On voir dire, defense counsel was totally prevented from questioning prospective jurors regarding the crime of manslaughter. We held the trial court erred in this ruling which denied defendant his right to determine the attitudes and inclinations of prospective jurors on the law regarding manslaughter and whether they understood the legal principles vital to his defense. Defendant was thereby prevented from intelligently exercising his right to challenge prospective jurors for cause or peremptorily. This prejudicial curtailment of voir dire examination in Shepard tainted the defendant's constitutional right to a trial by jury.

In the present case the trial court afforded defense counsel sufficient latitude to *1143 inform prospective jurors of the law on accepting confessions and to inquire as to whether they could apply that law.

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Bluebook (online)
486 So. 2d 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-graham-lactapp-1986.