State v. Hall

616 So. 2d 664, 1993 WL 112077
Supreme Court of Louisiana·Decided April 12, 1993·No. 92-KA-0362·Published·Cited by 56 cases

Opinion

616 So.2d 664 (1993)

STATE of Louisiana
v.
Carl HALL.

No. 92-KA-0362.

Supreme Court of Louisiana.

April 12, 1993.

*665 Richard V. Kohnke, M. Craig Colwart, New Orleans, for applicant.

Richard P. Ieyoub, Atty. Gen., Harry F. Connick, Dist. Atty., Donald Albert Rowan, Jr., Asst. Dist. Atty., Richard L. Olivier, Asst. Dist. Atty., Jack Peebles, Asst. Dist. Atty., for respondent.

MARCUS, Justice.[*]

Carl Hall was indicted by the grand jury for the first degree murder of his wife, Cathy Hall, in violation of La.R.S. 14:30. After trial by jury, defendant was found guilty as charged. A sentencing hearing was conducted before the same jury that determined the issue of guilt. The jury unanimously recommended that a sentence of death be imposed on defendant. The trial judge sentenced defendant to death in accordance with the recommendation of the jury.

On appeal, defendant relies on seventeen assignments of error for the reversal of his conviction and sentence, six of which have been briefed. Finding reversible error in the assignments relating to restriction on voir dire, we reverse defendant's conviction and sentence and remand to the district court for a new trial, pretermitting discussion of defendant's other assigned errors.

FACTS

The victim in this case, thirty-two year old Cathy Hall, had dated defendant for about ten years and had been married to him for about three years. At the time of this incident, the two had been separated for about two or three months. The couple had two children, Carl, Jr. and Carlita.

On the evening of August 23, 1990, the victim and her friend, Hubert Steib, went to drop off her nephew, Benny Taylor, at a friend's house near the intersection of Mistletoe and Pritchard Place in the Carrollton section of New Orleans. Steib was driving a white two door Oldsmobile Cutlass Supreme, with the victim in the passenger seat and Taylor in the back seat. Steib did not know the address of the house and passed it up. He pulled to the side of the road in order to back up. Seeing another car behind him, he waited until that car *666 passed before he backed up. The car behind him turned out to be driven by defendant, and pulled directly along side Steib's vehicle, less than three or four inches away. Defendant then began firing a gun into Steib's vehicle. Steib told the victim and Taylor to get down. He attempted to push the victim down, and in the process was shot in the arm. Unable to get out of the driver's side door, Steib crawled out of the passenger side window, opened the passenger side door and told the victim to run. Steib ran toward an alley, and, upon turning back, learned the victim had not followed him.

Steib's car continued to roll forward and, at some point, the victim got out of the car and broke her leg. The car continued to roll until it hit a fence, at which time Taylor got out. Taylor saw the victim lying in the middle of the street and saw defendant hitting the victim with what appeared to be a pistol. Upon getting closer, Taylor realized defendant had a knife and was stabbing the victim. The victim attempted to defend herself and told defendant, "[p]lease, Carl, don't kill me." Defendant called the victim a "bitch" and told her "not to play with him like this or mess with him like this." When the victim "could move no more," defendant jumped into his car and drove off.

Two neighbors, Julia Robinson and Edith Pennington, witnessed the stabbing. Ms. Robinson was sitting on her steps of her Pritchard Place residence when she heard gun shots and saw Steib running around the side of her house. She saw the victim lying in the intersection and saw a man stabbing her, saying "[b]itch, I told you I was going to get you." After the stabbing, she saw the man put his knife and gun in a bag, get in his car and drive off. Ms. Pennington was in her house on Mistletoe Street when she heard gun shots. She went outside to call her dog and saw the stabbing taking place. She heard the victim pleading "[d]on't do it, please, don't do it," to which the person who was stabbing her replied, "I told you I was going to do it." She saw the person pick up what appeared to be a gun and a knife, calmly go to his car and drive off.

Officer Jonathan Jenkins and his partner were the first to arrive on the scene, at approximately 7:35 p.m. Officer Jenkins checked the victim for vital signs, but did not find any. Detective Norman McCord conducted the homicide investigation. He arrived on the scene at approximately 8:05 p.m. He found a 1983 white Oldsmobile Cutlass Supreme crashed into a fence, with the passenger door open and the driver's door closed. He noted what appeared to be two bullet holes in the driver's door and located an additional bullet hole in a residence on Pritchard. In the middle of the intersection, he saw a small pool of blood and not far from the blood was a paper or cardboard knife sheath. The victim was transported to Ochsner. Dr. Susan Garcia, a forensic pathologist employed by the Jefferson Parish Coroner's Office, performed an autopsy on the victim's body. The autopsy revealed the victim had bled to death due to multiple stab wounds to her chest and abdominal region. Dr. Garcia identified fifteen stab wounds, eight of which were potentially lethal. She found the victim probably lost consciousness within three to five minutes and would have been near death within ten to fifteen minutes after the stabbing.

On the basis of their investigation, police issued a warrant for the arrest of defendant, who turned himself in.

Assignments of Error 1, 4 & 7 (Voir Dire)

Defendant contends that the trial judge erred in limiting the defense's examination of prospective jurors during voir dire, both in the area of principles of law and rehabilitation of jurors opposed to capital punishment. He argues he was thereby denied his constitutional right to full voir dire examination.

The record reveals several instances in which the trial judge curtailed defense counsel's efforts to rehabilitate jurors who expressed opposition to capital punishment. During questioning by the state, prospective juror Katherine Jackson expressed opposition to the death penalty and indicated *667 that she could not consider it under any circumstances. In attempting to rehabilitate, the defense asked Ms. Jackson whether, assuming she was selected for the jury, she could even discuss the possibility of imposing the death penalty, to which she replied in the negative. The defense then asked, "[a]nd if the facts were—if Saddam Hussein, were on trial here—." The state objected, and the trial judge sustained the objection, stating he would not permit that type of question.

Prospective juror Myraline Jamison (a church worker and Bible student) was challenged for cause by the state on the basis of her opposition to the death penalty. During the defense's rehabilitation, the following exchange took place:

BY MR. KOHNKE:

Your Honor, if I may. Miss Jamison, if hypothetically, just to give you a certain circumstance, but if the evidence were to show in this case that Mr. Hall gunned down a classroom of children and there was a video camera rolling and he's smiling—

BY THE COURT:

Are those the facts in this case?

BY MR. KOHNKE:

No, Your Honor, obviously they are not.

BY THE COURT:

I am not going to permit you to ask that question.

BY MR. KOHNKE:

I object to the Court limiting my questions.

A similar exchange took place when the defense attempted to rehabilit

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State v. Hall, 616 So. 2d 664, 1993 WL 112077 (La. 1993).

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