State v. Hall

558 So. 2d 1186, 1990 WL 15775
CourtLouisiana Court of Appeal
DecidedFebruary 21, 1990
DocketKA 890389
StatusPublished
Cited by10 cases

This text of 558 So. 2d 1186 (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, 558 So. 2d 1186, 1990 WL 15775 (La. Ct. App. 1990).

Opinion

558 So.2d 1186 (1990)

STATE of Louisiana
v.
Mark D. HALL.

No. KA 890389.

Court of Appeal of Louisiana, First Circuit.

February 21, 1990.

*1187 William Alford, Asst. Dist. Atty., Livingston, for plaintiff.

Michael Thiel, Hammond, for defendant.

Before LOTTINGER, CRAIN and LeBLANC, JJ.

CRAIN, J.

The defendant, Mark D. Hall, was charged by grand jury indictment with first degree murder, in violation of La.R.S. 14:30. He pled not guilty and, after trial by jury, was found guilty as charged. He received a sentence of life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. The defendant has appealed, alleging fifteen assignments of error.

Assignments of error numbers 2, 4, 5, 8, 9, 11, 12, 13, and 14 were not briefed on appeal and, therefore, are considered abandoned. Uniform Rules—Courts of Appeal, Rule 2-12.4.

The victim, Alicia Thomas, was the manager of a bar, Cowgirls II, located on Airline Highway in Ascension Parish, just south of the East Baton Rouge Parish line. At approximately 2:30 a.m. on February 19, 1988, Ms. Thomas was closing the bar. After placing the proceeds from the cash register in her purse, she decided to accept a ride home with the defendant. Ms. Thomas informed her stepson, Shane Thomas, who also worked in the bar, that she was leaving with the defendant. Several hours after they left Cowgirls II, the defendant shot the victim six times with a pistol. The victim's body was discovered at approximately 6:30 a.m. on Spring Ranch Road, which is a gravel road just off Interstate 12 near Satsuma, Louisiana.

The defendant testified that, after he left Cowgirls II with the victim, they drove around and drank; the victim smoked some marijuana, and then they engaged in sexual intercourse. The defendant explained that he exited Interstate 12 and drove down Spring Ranch Road because the victim had to urinate. At this point, the defendant and the victim allegedly began arguing. The defendant testified that he shot the victim in self-defense after she pulled a gun on him.

ASSIGNMENT OF ERROR NO. ONE:

In this assignment of error, the defendant contends that the trial court erred in denying his motion for a mistrial. The motion was based on the defendant's allegation that he had been prejudiced when the jury considered evidence not admitted at trial.

During its deliberations, the jury requested all of the evidence which had been admitted at the trial. One exhibit envelope containing the documentary evidence introduced at the motion to suppress hearing was among the items of evidence sent to the jury room. However, the contents of this envelope, although admitted into evidence at the motion to suppress hearing, were not admitted into evidence at trial and, consequently, should not have been given to the jury. Upon discovering this fact, defense counsel immediately objected and requested a mistrial. The trial court ordered the immediate removal of this envelope and noted that it had been in the jury room less than ten minutes.

This exhibit envelope from the motion to suppress hearing contained waiver of *1188 rights forms, consent to search forms, evidence receipts, an arrest warrant, notes taken from a statement made by the defendant, and a photograph of the victim taken at the scene of the crime. Upon conducting a voir dire examination of the jurors, the trial court discovered that only one juror had examined the evidence envelope from the motion to suppress hearing. Juror Burt Vige had opened the envelope and looked at the photograph of the victim. He stated that, apart from this photograph, he had not looked at any of the other items contained in the envelope. No other jurors viewed any of the contents of this evidence envelope.

La.C.Cr.P. art. 793 provides:

A juror must rely upon his memory in reaching a verdict. He shall not be permitted to refer to notes or to have access to any written evidence. Testimony shall not be repeated to the jury. Upon the request of a juror and in the discretion of the court, the jury may take with it or have sent to it any object or document received in evidence when a physical examination thereof is required to enable the jury to arrive at a verdict.

Ordinarily, a defendant is foreclosed from inquiring into the basis for a jury's verdict. See La.R.S. 15:470.[1] However, one exception to this rule exists when there is an extraneous influence on the jury. Extraneous influences invalidate the jury's verdict unless it can be demonstrated that their effect was harmless. State v. Sinegal, 393 So.2d 684, 686 (La.1981). In the instant case, although this exhibit envelope from the motion to suppress hearing was erroneously given to the jury during deliberations, eleven jurors did not examine the contents thereof. Only one juror did so; and his testimony indicated that the only item of evidence from this envelope which he observed was the photograph of the victim taken at the scene of the crime.

State exhibit 2 is a photograph of the victim taken at the crime scene. State exhibit 2 was admitted into evidence at the trial and was included among the items of evidence sent to the jury during its deliberations. As the trial court noted, State exhibit 2 is almost identical to the photograph of the victim contained in the motion to suppress envelope. The only difference between these two photographs is that State exhibit 2 appears to have been taken at a slightly different angle and a few feet further away from the victim's body than the photograph contained in the motion to suppress exhibit envelope. Because of the similarity between these two photographs, the trial court concluded that any error which occurred when Juror Burt Vige examined the photograph in the motion to suppress evidence envelope was harmless. We have examined both of these photographs and, like the trial court, found them to be almost identical. Therefore, we agree with the trial court that any error which occurred in this situation was harmless beyond a reasonable doubt. La.C. Cr.P. art. 921. See State v. Thompson, 489 So.2d 1364, 1373 (La.App. 1st Cir.), writ denied, 494 So.2d 324 (La.1986); State v. Albert, 430 So.2d 1279, 1285 (La.App. 1st Cir.), writ denied, 433 So.2d 711 (La.1983). Accordingly, we conclude that the trial court correctly denied the defendant's motion for a mistrial.

This assignment of error is meritless.

ASSIGNMENTS OF ERROR NOS. 3, 6, 7, AND 15:

All of these assignments of error relate to the allegedly erroneous admission of other crimes evidence. In assignment of error number three, the defendant contends that the trial court erred in denying his motion for a mistrial. The defendant moved for a mistrial after the prosecutor, in his opening statement, indicated that on the night of this offense the defendant posed as an undercover police officer. The trial court denied this motion for a mistrial.

In assignment of error number six, the defendant again objected when Judith Edwards, *1189 an employee of Rumors Lounge, testified that on the night of this offense the defendant told her that he was an undercover police officer. The trial court overruled this objection. Ms. Edwards also testified that the defendant had a pistol concealed in his pants at Rumors Lounge. The defendant again objected and requested a mistrial on the basis that carrying a concealed weapon constituted other crimes evidence. The trial court denied this motion for a mistrial.

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Cite This Page — Counsel Stack

Bluebook (online)
558 So. 2d 1186, 1990 WL 15775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-lactapp-1990.