State v. Hall

519 So. 2d 274, 1988 La. App. LEXIS 23, 1988 WL 2724
CourtLouisiana Court of Appeal
DecidedJanuary 11, 1988
DocketNo. 87-KA-441
StatusPublished
Cited by2 cases

This text of 519 So. 2d 274 (State v. Hall) 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. Hall, 519 So. 2d 274, 1988 La. App. LEXIS 23, 1988 WL 2724 (La. Ct. App. 1988).

Opinion

CHEHARDY, Chief Judge.

Defendant, Roosevelt Hall, appeals his conviction by a jury of second degree murder, a violation of LSA-R.S. 14:30.1. Following the trial and verdict, Hall was sentenced to life imprisonment at hard labor without benefit of parole, probation or suspension of sentence.

On appeal defendant first asserts the trial judge erred in denying his objection to the testimony of a police officer during which defendant alleges the officer improperly expressed an opinion on the credibility of the State’s key witness. Defendant alleges next that the trial judge erred in overruling his objection to the State’s repeated reference to his post-arrest silence. Third, defendant contends the verdict was contrary to the law and evidence.

The uncontested facts reveal that on February 25, 1987 Van Washington died of knife wounds to the chest area. His body was found in an alley alongside the Imperial House in Metairie, Louisiana. Upon investigation it was discovered Washington spent the day he died in the company of Kenneth Lawrence, a friend of 15 years, and defendant, an acquaintance of several years. When questioned by police officers, Lawrence accused defendant of the stabbing, asserting he was an eyewitness to the stabbing which took place in his home. At trial defendant accused Lawrence of the crime. Lawrence and defendant’s version [275]*275of the events leading up to the crime varied in some respects and coincided in others.

According to Lawrence, defendant drove to Kenner, Louisiana, from Baton Rouge, Louisiana, in a stolen car. Lawrence stated defendant met him at a convenience store near Lawrence’s home. From there, the two proceeded to the home of O’Dell Wells’ mother where they met with the victim. Lawrence testified they remained there for a while drinking beer and then the trio went back to the store to purchase beer and wine. Around noon, Lawrence asserted they went to his house in order for the victim to cut Lawrence’s hair. After the haircut was finished, they continued to drink and eventually returned to the store for more beer and wine. After returning to his house, Lawrence stated the three of them sat around drinking. At some point thereafter, Lawrence contended he heard defendant and Washington arguing and he saw defendant stab Washington with a kitchen knife. Lawrence stated he told defendant to get Washington to a hospital since Washington was still alive. He testified he was going to go with defendant, but that after he and defendant put Washington in the car, defendant drove off without him. Lawrence stated he returned to the house, cleaned the blood from the floor and knife, and did not take any further action. Lawrence testified he found out a few days later that Washington had died, but did not report these events until questioned by the police some time later.

Defendant stated he stole a car in Baton Rouge and drove it to Kenner where he met the victim, Lawrence and O’Dell at the local convenience store near Lawrence’s house. He said he followed Lawrence, Washington and O’Dell to O’Dell’s house where the group drank beer. Defendant testified that later the four of them went back to the store for beer and to pick up something for O’Dell’s father. After returning to O’Dell’s, he, Washington and Lawrence decided to take a ride. After purchasing more beer, the trio proceeded to the lakefront where they drove around awhile. Defendant contended the trio returned to Kenner after again purchasing beer and a bottle of rum. From the store, defendant asserts they then went to Washington’s sister’s house, where they picked up the clippers to cut Lawrence’s hair and then returned to Lawrence’s house.

While Washington was cutting Lawrence’s hair, defendant claimed he went for a ride. After the haircut was finished, defendant stated the three of them returned the “scissors”, after which he, Washington and Lawrence went back to Lawrence’s house to pick up the rest of the beer. Lawrence contended he waited outside in the car, but when the others did not come out of the house he went in, at which time defendant said he heard Washington and Lawrence arguing over drugs. He stated he went into the bathroom and that when he came out, he saw Lawrence stab Washington. Defendant asserted that Washington was still alive and Lawrence asked him to take Washington to the hospital. According to defendant, he and Lawrence carried Washington to the car and at that time Lawrence indicated he did not want to go to the hospital, so defendant drove away intending to take Washington to East Jefferson Hospital. Along the way, defendant stated he decided to stop to check the victim’s pulse. When he found no pulse, defendant continued on his way to the hospital, but eventually got lost. He stated that as he was driving he realized he was driving a stolen car with a dead body in it. Because of that, he testified, he took the body to the alley alongside the Imperial House and left it lying on the ground. After disposing of the body, defendant stated he returned to Baton Rouge.

In defendant’s first assignment of error he contends the trial judge erred in denying his objection to the investigating police officer’s expression of opinion on the credibility of the State’s eyewitness. The testimony complained of was given by Officer Steve Buras, who questioned Kenneth Lawrence and received the statement from him accusing defendant of the stabbing death of Washington. On direct examination, the following exchange took place concerning Lawrence’s assertion:

“Q. Officer, in the whole course of this investigation from February 25th until [276]*276today, I want you to consider your whole report, all of the evidence, all of the exhibits, all of the statements, have you found any piece of evidence to be inconsistent with Kenneth Lawrence’s story?
MR. JOHNSON:
Objection your Honor it calls for speculation.
MR. BODENHEIMER:
Your Honor, that’s not speculation. If it’s anything that contradicts that witness at all, I want to know about it. MR. JOHNSON:
He cannot make a decision as to what is consistent or inconsistent. That’s for the jury to decide. It’s the jury’s province and the court’s province.
THE COURT:
I think perhaps Mr. Johnson is correct in using the term inconsistent. If you want to rephrase it, contradicts, that’s a different story.
BY MR. BODENHEIMER:
Q. Alright, I’ll ask it that way using all of the evidence you’ve gathered, all of the statements, all of the physical findings, all of the scientific findings since the time you were involved in the case on February 25th until today, have you ever found one piece of evidence contradictory to the story that Kenneth Lawrence gave you?
MR. JOHNSON:
Same objection. In addition to that, he’s leading the witness. It still invades the province of what the jury is suppose to have sole possession, to determine whether there are contradictions, inconsistencies, inaccuracies or mistakes. That’s for the jury to determine if that evidence shows that.
MR. BODENHEIMER:
But the officer can certainly testify through his knowledge whether there are any contradictions, what he knows about the whole investigation.
THE COURT:

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Related

State v. Pendelton
696 So. 2d 144 (Louisiana Court of Appeal, 1997)
State v. Perkins
539 So. 2d 100 (Louisiana Court of Appeal, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
519 So. 2d 274, 1988 La. App. LEXIS 23, 1988 WL 2724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-lactapp-1988.