State v. Handy

259 So. 3d 448
CourtLouisiana Court of Appeal
DecidedNovember 21, 2018
DocketNO. 2016-KA-1071
StatusPublished

This text of 259 So. 3d 448 (State v. Handy) 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. Handy, 259 So. 3d 448 (La. Ct. App. 2018).

Opinion

JAMES F. MCKAY III, CHIEF JUDGE

ON REMAND

Factual Background

In an opinion rendered September 13, 2017, this Court reversed the defendant's conviction due to an incomplete record and remanded the case for a new trial, observing:

that the discussions of the jury challenges are not available and the record does not contain any documentation, i.e., minute entries, jury strike-sheet from which it can be determined whether there was a basis for the challenge for cause that the defense brought and was improperly denied by the trial court, thereby causing the defense to exercise a peremptory challenge against a juror. The record does not contain enough information for defendant to effectively challenge the denial of his challenge for cause.

State v. Handy , 2016-1071, p. 9 (La. App. 4 Cir. 9/13/17), 226 So.3d 1182, 1190.

Following this Court's disposition of the case, the State sought rehearing to supplement the record with the trial court's jury panel sheet, which was submitted with a per curiam after this Court's decision, and a full transcript of the voir dire conducted on May 19, 2015. This Court denied rehearing.

On October 26, 2017, the State sought supervisory review in the Louisiana Supreme Court (No. 2016-KA-1070). The Supreme Court granted writs with the following order:

This matter is remanded to the court of appeal for supplementation of the record with the full transcript of the voir dire proceedings, the per curiam of the district court and the juror strike sheets, and for briefing, argument and opinion on defendant's assignment of error [number one] regarding voir dire in light of the newly supplemented material.

State v. Handy , 2017-1823, p. 1 (La. 12/15/17), 231 So.3d 609, 610.

On remand and after re-briefing, supplementation of the record and oral argument, we now reverse our prior opinion and find no merit to the defendant's assignment of error number 1.

*450We note that in our original opinion, this Court addressed the defendant's assignments of error numbers 2, 3, 4, 5, and 6 and found them to be without merit. The Louisiana Supreme Court, in their remand order, did not direct this Court to review these assignments of error and as such, our opinion as to these assignments of error remain valid. For the reasons set forth below, we affirm the defendant's conviction and sentence.

ASSIGNMENT OF ERROR ONE

On October 2, 2015, Tyrone Handy appealed his convictions for attempted possession with intent to distribute cocaine, possession of marijuana second offense and possession of drug paraphernalia. In the defendant's first assignment of error on appeal, the defendant argued that his right of appeal, based upon a complete record of all evidence upon which the judgment is based guaranteed under La. Const. art. 1 § 19, was violated. At that time, the court reporter could not provide a transcript of the in-chambers proceedings during which peremptory and cause challenges had been exercised because of a computer malfunction. The defendant's trial counsel certified that the defense had exhausted its peremptory challenges. The record reflected that the defense challenged potential Juror # 20 for cause and the trial judge denied the cause challenge. In addition, the State challenged potential juror # 20 for cause, which the trial court granted over defense objection.

With the record fully supplemented with a complete transcript of the voir dire , and juror strike sheet, as ordered by the Supreme Court, the trial judge's per curiam , plus the State's brief on remand and the defendant's response, the defendant has failed to show the trial court abused its discretion in denying the cause challenge.

At the outset, it should be noted that the defendant has not stated the ground(s) for his objection to Juror # 20, either before or after supplementation of the record.

La. Const. art. 1 § 19 guarantees defendants a right of appeal "based upon a complete record of all the evidence upon which the judgment is based." Additionally, La. C.Cr.P. art. 843 provides in pertinent part:

In felony cases,[...] the clerk or court stenographer shall record all of the proceedings, including the examination of prospective jurors, the testimony of witnesses, statements, rulings, orders, and charges by the court, and objections, questions, statements, and arguments of counsel.

See State v. Jones , 2016-0653 (La. App. 4 Cir. 5/3/17), 220 So.3d 128, 132, reh'g denied (May 23, 2017).

La. C.Cr.P. art. 797 permits the State or the defendant to challenge a juror for cause if:

(1) The juror lacks a qualification required by law;
(2) The juror is not impartial, whatever the cause of his partiality. An opinion or impression as to the guilt or innocence of the defendant shall not of itself be sufficient ground of challenge to a juror, if he declares, and the court is satisfied, that he can render an impartial verdict according to the law and the evidence;
(3) The relationship, whether by blood, marriage, employment, friendship, or enmity between the juror and the defendant, the person injured by the offense, the district attorney, or defense counsel, is such that it is reasonable to conclude that it would influence the juror in arriving at a verdict;
(4) The juror will not accept the law as given to him by the court; or
(5) The juror served on the grand jury that found the indictment, or on a *451petit jury that once tried the defendant for the same or any other offense.

A trial judge is vested with broad discretion in ruling on challenges for cause, and such a ruling is subject to reversal only when a review of the entire voir dire reveals the judge abused his discretion. State v. Dotson , 2016-0473, p. 5 (La. 10/18/17), 234 So.3d 34, 39 (citation omitted). This standard of review is utilized "because the trial judge has the benefit of seeing the facial expressions and hearing the vocal intonations of the members of the jury venire as they respond to questions by the parties' attorneys." Id. , at p. 17, 234 So.3d at 45 (citations omitted).

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Related

State v. Williams
977 So. 2d 160 (Louisiana Court of Appeal, 2008)
State v. Deruise
802 So. 2d 1224 (Supreme Court of Louisiana, 2001)
State v. Pinion
968 So. 2d 131 (Supreme Court of Louisiana, 2007)
State v. Jones
220 So. 3d 128 (Louisiana Court of Appeal, 2017)
State v. Handy
226 So. 3d 1182 (Louisiana Court of Appeal, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
259 So. 3d 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-handy-lactapp-2018.