State v. Huff

660 So. 2d 529, 1995 WL 497420
CourtLouisiana Court of Appeal
DecidedAugust 23, 1995
Docket27,212-KA
StatusPublished
Cited by27 cases

This text of 660 So. 2d 529 (State v. Huff) 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. Huff, 660 So. 2d 529, 1995 WL 497420 (La. Ct. App. 1995).

Opinion

660 So.2d 529 (1995)

STATE of Louisiana, Plaintiff-Appellee,
v.
Joe HUFF and James Huff, Defendants-Appellants.

No. 27,212-KA.

Court of Appeal of Louisiana, Second Circuit.

August 23, 1995.

*531 Randy E. Collins, Shreveport, for Joe Huff, appellant.

Thomas A. Wilson, Shreveport, for James Huff, appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, W. Stanley Lockard and Catherine M. Estopinal, Assistant District Attorneys, for appellee.

Before MARVIN, BROWN, and WILLIAMS, JJ.

MARVIN, Chief Judge.

After being convicted by a jury of second degree murder of a Shreveport cab driver, the brothers Joe and James Huff appeal, assigning ten errors including the sufficiency to convict each brother and the trial court's denial of Joe Huff's motion for severance.

We affirm.

DISCUSSION

In criminal appeals, we review the evidence in the light that most favorably supports the jury verdict. In that light we determine whether the evidence, direct and circumstantial, is sufficient to allow a rational juror to conclude beyond a reasonable doubt that the State proved every element of the crime of which the accused was convicted. LRS 15:271, 15:438; Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.E.2d 560 (1979); State v. Jacobs, 504 So.2d 817 (La.1987).

The standard of review for the sufficiency of circumstantial evidence to convict is not a stricter standard than for the sufficiency of direct evidence to convict, but is simply a method that directs the trier of fact and the reviewing court to question, objectively, or to focus on, the reasonableness of the asserted or arguable hypotheses of innocence. If the trier of fact or the reviewing court finds the asserted or arguable hypotheses of innocence unreasonable, circumstantial evidence is sufficient to convict beyond a reasonable doubt. LRS 15:271, 15:438, Jacobs, supra; State v. Lott, 535 So.2d 963 (La.App. 2d Cir.1988).

FACTS

We summarize the factual conclusions the jury could have drawn: About 11:36 p.m. on August 3, 1992, a Yellow Checker Cab Company dispatcher received a telephone call requesting that a cab be sent to the Exxon station at Hearne Avenue and Interstate 20 in Shreveport. Cab 126, driven by the victim, Daniel Gardner, was directed at 11:48 p.m. to pick up that fare. In his shirt and *532 pants pockets Gardner kept a small amount of money with which to make change for fares. He kept a greater amount of money and larger bills in a bank bag concealed beneath the carpet under the driver's seat of his cab.

About 11:41 p.m. on that night, James Huff successfully placed a collect telephone call from that Exxon pay telephone to a female friend, Tracey Coleman, who with her sister had been with the Huffs at their Desoto Street apartment in Shreveport earlier that night. James Huff told her during the course of the 10-15 minute telephone conversation that Joe Huff had telephoned for a cab. When Gardner's cab arrived at the Exxon station near midnight, James, wearing a gray and white striped shirt, entered the front passenger seat, while Joe got in the back seat. Joe Huff had been seen at the apartment by others earlier that night, and as late as 11:10 p.m., handling or holding a black revolver in the presence of James who wore a gray and white striped shirt. The brothers requested and obtained several cigarettes from Tracey Coleman's sister at that time.

On that night, the Exxon station attendant recognized Joe and James Huff conversing on the station pay telephone and getting in the cab when it arrived, they being patrons of that station who lived on Desoto Street about six blocks away.

Shortly before midnight on August 3 an off-duty city police officer saw Gardner's cab parked on the northern-most westbound shoulder of I-20, west of the Hearne Avenue-I-20 Exxon station. The cab was between the Hearne Avenue and Jewella Avenue intersections with I-20. Two men, who were seen and described by the officer and corresponding to the physical appearance of the Huffs, were standing on the passenger side of the parked cab. As the off-duty police witness drove closer, the two men ran northerly off I-20, jumping the fence of the state fairgrounds near the vicinity of Hudson Street, a major north-south traffic artery that traverses underneath I-20 and enters the state fairgrounds. Desoto Street, where the Huffs resided in a garage apartment at municipal number 2825, is south of the fairgrounds and I-20, about six blocks from the Hearne Avenue-I-20 Exxon station. The fairgrounds are immediately north of I-20 and the Exxon station.

About midnight on August 3 another cab driver for the Yellow Checker Cab Company, Ron Woods, who knew Gardner and his cab number, was driving westerly on I-20 with his adult stepdaughter who was also employed by the cab company. Seeing Gardner's cab stopped with its front and rear right side (passenger) doors open and the windshield broken, he stopped his cab and backed it up to investigate. Woods's stepdaughter found Gardner bloody and slumped over in the front seat. She used Woods's cab radio to cause the company dispatcher to alert police and medical personnel. The bank bag Gardner routinely kept beneath his seat was never found.

Shreveport police received telephone notification of the incident at 12:04 a.m. August 4. Police photos show the cab windshield shattered by a bullet hole, the disarray of carpet and area beneath the driver's seat, and the location of a fingerprint of James Huff on the cab.

From tire tracks off the shoulder of I-20 leading to the parked cab, police witnesses established that the cab left the highway and traveled some 240 feet and around a light standard before returning toward the highway and stopping on and near the paved shoulder at a small pile of cement or similar debris. The cab dispatchers led police to continue their investigation where Gardner was last dispatched, the Hearne Avenue—I-20 Exxon station. Thereafter they began searching for James and Joe Huff.

Bullets or fragments thereof were obtained from Gardner's head and the cab, all of similar caliber and apparently fired from a .357 or .38 caliber revolver. The fingerprint on Gardner's cab matched James Huff's right middle fingerprint. A particle having characteristics of gunshot residue was found on James Huff's left hand when the appropriate test was made after the Huffs were arrested.

Gardner was shot twice in the back of his head, the fatal bullet being extracted therefrom. The other bullet exited his head. Police *533 produced the gray and white striped shirt, found on Hudson Street and stained with blood consistent with Gardner's blood, that witnesses identified as the shirt being worn by James Huff before and when he entered the cab. The bloodstains on the shirt were inconsistent with the blood of the Huffs.

Hudson Street is the only street in the fairgrounds area that allows a vehicle or pedestrian to cross underneath I-20 that is not an I-20 traffic interchange. The two men who were seen by the off-duty police officer at the cab shortly before midnight on August 3 ran north and jumped the fence, entering the fairgrounds near, and running in the direction of, Hudson Street. The shirt was found on Hudson Street at the I-20 underpass. The Huffs' garage apartment is south of the fairgrounds and I-20.

The Huffs were arrested uneventfully the morning of August 4 at their garage apartment on Desoto Street.

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Cite This Page — Counsel Stack

Bluebook (online)
660 So. 2d 529, 1995 WL 497420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-huff-lactapp-1995.