State v. Hartley

938 So. 2d 1153, 2006 WL 2422879
CourtLouisiana Court of Appeal
DecidedAugust 23, 2006
Docket41,178-KA
StatusPublished
Cited by2 cases

This text of 938 So. 2d 1153 (State v. Hartley) 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. Hartley, 938 So. 2d 1153, 2006 WL 2422879 (La. Ct. App. 2006).

Opinion

938 So.2d 1153 (2006)

STATE of Louisiana, Appellee
v.
Robert HARTLEY, Appellant.

No. 41,178-KA.

Court of Appeal of Louisiana, Second Circuit.

August 23, 2006.

Louisiana Appellate Project, by Carey J. Ellis, III, Louis G. Scott, for Appellant.

*1154 Jerry L. Jones, District Attorney, Charles L. Brumfield, Edward D. Young, Assistant District Attorneys, for Appellee.

Before STEWART, CARAWAY and PEATROSS, JJ.

STEWART, J.

The defendant, Robert Hartley, was convicted as charged of the second degree murder of his infant daughter. He was sentenced to a mandatory term of life imprisonment without benefits. Arguing insufficiency of the evidence, the defendant now appeals. We find no merit to the defendant's assignment of error, thus we affirm his conviction and sentence.

FACTS and PROCEDURAL HISTORY

The defendant and his girlfriend, Dewanna Jones, were living together at the time of the crime in a trailer home in Bastrop, Louisiana, with their twin infant daughters, who were born December 9, 2002. The defendant's mother, Stacy Caldwell, and her husband lived a few hundred yards away.

Sometime between 12:30 and 1:00 p.m. on February 26, 2003, Dewanna walked to Stacy's house to ask her about a ride to a medical appointment, leaving the defendant alone with their two infant girls. Dewanna made a phone call from Stacy's house to reschedule the appointment. After staying at Stacy's about 30 minutes, Dewanna rode with Stacy to Dewanna's and the defendant's trailer. When they arrived, the defendant opened the door. He was holding one of the twins, Skyler[1], and said he was glad they were there because he could not get her to stop crying. Stacy, a licensed practical nurse, reached for Skyler, heard her gasp, and realized that she was not breathing. Skyler's arms were limp. Stacy immediately asked the defendant if he had shaken the infant, and he answered, "No, Ma'am." Stacy yelled for Dewanna to call 911 and she began to perform CPR on the infant.

Dewanna went to a nearby neighbor's house to call 911. At 1:15 p.m., the 911 dispatcher for the Morehouse Parish Sheriff's Department received the emergency call from Dewanna, who reported that her infant had stopped breathing. Skyler was taken to the local hospital, and then to the pediatric ICU at St. Francis Medical Center in Monroe. Dr. Aristoteles Pena-Miches, a pediatric neurologist, examined Skyler, performed various tests and conclusively opined that Skyler had suffered "shaken baby syndrome" from a "very forceful activity" that occurred the same day she was admitted into the hospital. Dr. Pena-Miches stated that trauma of this magnitude can only be produced by either a hit by an eighteen wheeler or shaking. Dr. Pena-Miches further stated that the lack of external signs of trauma does not exclude shaken baby syndrome.

When Dewanna first discussed Skyler's condition with the doctor, she was told that there was some swelling and bleeding. Dewanna asked what caused it, and the doctor said "[Y]ou know." Dewanna protested twice that she did not know, after which she became very distraught and cried that she was going to kill the defendant. Approximately two days later, tests confirmed that Skyler was brain dead. She was taken off life support and died in Dewanna's arms minutes later. The subsequent autopsy conducted by the forensic pathologist confirmed that Skyler's death was caused by shaken baby syndrome.

*1155 In the early morning hours of February 27, 2003, Deputy Cassandra Tubbs, a juvenile investigator, conducted an investigation and took statements. The defendant gave a recorded statement. He admitted that he was alone with the twins when Skyler started crying. He picked Skyler up out of her swing, bumping her head on the swing in the process, and she began to cry louder. The defendant then admitted rocking, bouncing, and shaking Skyler as he cradled her in his arms to get her to quit crying. He indicated that he changed her diaper, after which she "started crying again real loud." He admitted that the loud crying "got irritating to [him]" and that he was "getting a little angry." He also described himself as "a little upset" and "fairly agitated." He stated that he took deep breaths to try to calm himself down. He admitted that he did not realize that he was shaking Skyler "too hard" and "harder than what I thought" until he noticed her head "coming up off" his arms. He further admitted that he quit shaking Skyler when he realized that her head was bouncing up and down off of his arm a couple of times, which was about the same time that his mother arrived at the trailer.

The defendant was charged by bill of indictment with second degree murder. He entered a plea of not guilty at arraignment. After a hearing on the defendant's motion to suppress his statements, the defendant changed his plea to not guilty and not guilty by reason of insanity. A motion for appointment of a sanity commission was granted, and the defendant was later found to be competent to proceed.

During the trial, the state presented witnesses and evidence supporting the facts and circumstances of the crime and investigation described hereinabove. According to Stacy, the defendant's mother, the defendant completed the second grade in regular school and was educated through special education thereafter. Evidence was subsequently presented through another witness that the defendant's grade equivalency test score was an average of third grade, second month. After the second grade, the defendant was institutionalized for mental disorders, and was in and out of mental institutions for much of his life. Stacy related that the defendant had been receiving outpatient treatment for his mental disorders, and had been taking his medications except for the time when his Social Security benefits were briefly discontinued in 2002. She said the defendant was ecstatic to be a father, and she had coached him on how to properly hold his infant girls.

The state and defense also presented various witnesses, including expert witnesses, regarding the defendant's mental diagnoses, sanity, and educational level. Dr. Richard Warren Williams, a psychiatrist who evaluated the defendant one time in July 2004, testified for the state that the defendant, in his opinion, was competent to stand trial and that he knew right from wrong at the time of the offense. Dr. Williams found the defendant to be in the range between low average and borderline intelligence, but certainly not even moderately mentally retarded. His diagnosis of the defendant included intermittent explosive disorder, which he described as an impulse control disorder. Dr. Williams further found the defendant to have both anti-social and borderline type traits. Dr. Williams classified the defendant as being "not even close" to needing hospitalization but also not functioning in the high sense that you might need to perform in many jobs. Dr. Williams found that the defendant "without question" had the ability to provide adequate care for an infant and was not psychotic.

*1156 The defense's witnesses included C.J. Beck, a clinical manager and family evaluator, who first met the defendant in 1997 in his capacity as counselor at the Methodist Children's Home. Beck's contact with the defendant ended in 1998, and began again later from about 2001 until January 2003 at River South Rehabilitation Center. Beck discussed the defendant's diagnosis of bipolar disorder and his counseling team's work in helping the defendant deal with mood changes, including anger and depression.

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Related

State v. Granberry
1 So. 3d 165 (Supreme Court of Florida, 2009)
State v. Tensley
955 So. 2d 227 (Louisiana Court of Appeal, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
938 So. 2d 1153, 2006 WL 2422879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hartley-lactapp-2006.