State v. Housley

922 So. 2d 659, 2006 WL 224110
CourtLouisiana Court of Appeal
DecidedJanuary 31, 2006
Docket05-KA-502
StatusPublished
Cited by9 cases

This text of 922 So. 2d 659 (State v. Housley) 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. Housley, 922 So. 2d 659, 2006 WL 224110 (La. Ct. App. 2006).

Opinion

922 So.2d 659 (2006)

STATE of Louisiana
v.
Shawn HOUSLEY.

No. 05-KA-502.

Court of Appeal of Louisiana, Fifth Circuit.

January 31, 2006.

*660 John M. Crum, Jr., District Attorney, Rodney A. Brignac, Assistant District Attorney, LaPlace, LA, for Plaintiff/Appellee.

Gwendolyn K. Brown, Louisiana Appellate Project, Baton Rouge, Louisiana, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., THOMAS F. DALEY, and SUSAN M. CHEHARDY.

EDWARD A. DUFRESNE, JR., Judge.

Defendant, Shawn Housley, was charged in a bill of information on July 22, 2003, with two counts of distribution of cocaine in violation of LSA-R.S. *661 40:967(A)(1). He pled not guilty and filed several pretrial motions. He proceeded to trial on October 25, 2004. After a two day trial, he was found guilty of attempted distribution of cocaine, a lesser included offense, on each of the two counts.

The state filed a multiple offender bill of information alleging defendant to be a third felony offender based on prior convictions for possession with intent to distribute marijuana and attempted distribution of cocaine. After a multiple bill hearing, the trial court found defendant to be a third felony offender and sentenced him to twenty-two years on each count. Defendant now appeals.

FACTS

On February 23, 2003, Officers B.J. Rock and Hayes Caddou were working undercover for St. John the Baptist Sheriff's Office in an attempt to purchase illegal drugs from street level dealers. They were in a vehicle equipped with video surveillance cameras when they came in contact with two black males, one of whom was defendant, in a small compact car on Dove Street. Agent Caddou, who was driving, asked the occupants for "40 hard," which is street slang for crack cocaine. The occupants did not respond. As Agent Caddou began to drive off, the passenger, defendant, nodded his head indicating he had the crack cocaine. Agent Caddou drove around the block and sat in a park area for awhile. After no one showed up, Agents Caddou and Rock, who was the passenger, left and went to the Mini Hui Mart store.

Agent Rock entered the store and purchased beer. While Agent Rock was in the store, defendant pulled into the parking lot of the store. Defendant made contact with Agent Caddou, who was sitting in his vehicle, and indicated for him to go inside the store. Agent Caddou went inside the store at which time the drug transaction occurred. Defendant placed the crack cocaine on top of a beer box and Agent Caddou put forty dollars inside a cooler and walked out of the store with the cocaine.

Approximately one month later, on March 21, 2003, Agent Caddou again purchased crack cocaine from defendant at the Mini Hui Mart. On that date, Agents Caddou and Rock were again working undercover and went to the Mini Hui Mart. This time, Agent Rock wore a body camera. Agent Rock entered the store and made contact with defendant. Defendant asked for Agent Caddou so Agent Rock returned to his truck while Agent Caddou went inside the store. Once inside, Agent Caddou asked defendant for "40 hard." Defendant put the crack cocaine on a Busch beer can and Agent Caddou placed forty dollars inside the cooler.

Defendant was identified as the perpetrator by Sergeant Nolan Anderson with the St. John the Baptist Sheriff's Office who reviewed the videotape from the February 23, 2003 transaction and recognized defendant on the tape. Also, both Agents Caddou and Rock identified defendant in court as the person with whom the drug transactions occurred.

ASSIGNMENTS OF ERROR NUMBERS ONE AND TWO

In his first two assignments, defendant complains about improper argument by the prosecutor during voir dire examination. Specifically, defendant contends that the trial court erred in denying his objection and overruling his motion for a mistrial when the prosecutor argued the actual facts of the case to prospective jurors during voir dire. Defendant contends the prosecutor's questions during voir dire impermissibly sought a commitment of *662 how the prospective jurors would vote in light of the actual facts of the case.

The purpose of voir dire examination is to determine qualifications of prospective jurors by testing their competency and impartiality. It is designed to discover bases for challenges for cause and to secure information for an intelligent exercise of peremptory challenges. State v. Francis, 95-194 (La.App. 5 Cir. 11/28/95), 665 So.2d 596, 601. It is impermissible for a party interviewing a prospective juror to ask a question or pose a hypothetical which would demand a commitment or prejudgment from the juror or which would pry into the juror's opinions about issues to be resolved in the case. State v. Tilley, 99-0569 (La.7/6/00), 767 So.2d 6, 19, cert. denied, 532 U.S. 959, 121 S.Ct. 1488, 149 L.Ed.2d 375 (2001). Further, it is improper for counsel to question prospective jurors about their reaction to evidence which may be received at trial. State v. Thibodeaux, 98-1673 (La.9/8/99), 750 So.2d 916, 924, cert. denied, 529 U.S. 1112, 120 S.Ct. 1969, 146 L.Ed.2d 800 (2000).

The scope of voir dire examination is within the sound discretion of the trial judge and his ruling will not be disturbed on appeal absent a clear abuse of that discretion. LSA-C.Cr.P. art. 786. In evaluating the fairness of the trial judge's ruling, the entire voir dire examination should be considered. State v. Francis, 665 So.2d at 601.

Defendant's objection came during the prosecutor's voir dire examination of the second jury panel. The prosecutor began his voir dire by explaining the case involved the purchase of drugs through an undercover operation. He reviewed the defendant's presumption of innocence and the state's burden of proof. The prosecutor then questioned the prospective jurors about evidence and the credibility of police officers. Specifically, the following dialogue occurred:

MR. BECNEL:

* * *
Now, let's get to the testimony and the evidence. The evidence is going to come not from what I say or what Mr. Lillian says, not from what Judge Snowdy says. The evidence is going to come from sworn testimony, according to court rules, by the witnesses, by police officers, by scientists from the Louisiana State Police Lab, by the actual cocaine that was allegedly sold to an undercover agent. That's going to be the evidence.
The mere fact that a person is a police officer or wears a police uniform doesn't give them any corner on the truth. They will testify and their testimony should be heard just like anybody in this courtroom. Do all of you agree that you will listen to the testimony of a police officer just like anybody else, not giving it anymore weight or any less weight? But you will determine whether it's credible, whether it makes sense, and whether it's believable. Do you agree with that?
(AFFIRMATIVE VERBAL RESPONSE BY PANEL.)
* * *
Would any of you hold it against the Sheriff's Office, St. John the Baptist Parish, Wayne Jones, and the District Attorney's Office for conducting an undercover operation; that is, to go with a — not uniformed police officer, in plain clothes, to go out into the street to try and find out where the drugs are and to make drug buys. Do any of you hold that against the Sheriff's Office for conducting that type of operation?

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Demon'tay Deon Dunbar
Louisiana Court of Appeal, 2024
State of Louisiana Versus Ivory D. Franklin
Louisiana Court of Appeal, 2024
State of Louisiana Versus Larry Dillon, Jr.
Louisiana Court of Appeal, 2024
State of Louisiana Versus Lawrence Sly
Louisiana Court of Appeal, 2023
State of Louisiana Versus Teddy Chester
Louisiana Court of Appeal, 2021
State v. Harris
235 So. 3d 1354 (Louisiana Court of Appeal, 2017)
State v. Kenner
106 So. 3d 1084 (Louisiana Court of Appeal, 2012)
State v. Hotard
975 So. 2d 16 (Louisiana Court of Appeal, 2007)
State v. Taylor
973 So. 2d 83 (Louisiana Court of Appeal, 2007)
State v. Greene
951 So. 2d 1226 (Louisiana Court of Appeal, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
922 So. 2d 659, 2006 WL 224110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-housley-lactapp-2006.