State v. Jones

412 So. 2d 1051
CourtSupreme Court of Louisiana
DecidedApril 5, 1982
Docket81-KA-2519
StatusPublished
Cited by47 cases

This text of 412 So. 2d 1051 (State v. Jones) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jones, 412 So. 2d 1051 (La. 1982).

Opinion

412 So.2d 1051 (1982)

STATE of Louisiana
v.
James E. JONES.

No. 81-KA-2519.

Supreme Court of Louisiana.

April 5, 1982.

*1052 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Stephen Wimberly, Abbott J. Reeves, William C. Credo, III, Asst. Dist. Attys., for plaintiff-appellee.

Robert Garrity, New Orleans, and Joseph Montgomery, Metairie, of Indigent Defender Board; William Noland, New Orleans, for defendant-appellant.

WALTER I. LANIER, Jr., Justice Pro Tem.[*]

By bill of information filed on April 13, 1981, the defendant, James E. Jones, and James E. Johnson were jointly charged with committing armed robbery of Margaret Davison on March 24, 1981, in violation of La.R.S. 14:64. The defendant was arraigned on May 15, 1981, and plead not guilty. On June 10-12, 1981, the defendant was tried and found guilty. On June 19, 1981, he was sentenced to serve fifteen years in the custody of the Louisiana Department of Corrections at hard labor without benefit of probation, parole or suspension of sentence. The defendant has appealed and urges two assignments of error.

ASSIGNMENT OF ERROR NO. 1

In his original brief the defendant claims that the trial court committed error by failing to grant a recess of the trial so that the co-defendant, James Johnson, "no longer needed Fifth Amendment protection ..." and could be questioned about a letter purportedly written by him which supported the defendant's claim of compulsion (La. R.S. 14:18[6]). In his supplemental brief, the defendant urges that the "Trial Court misinterpreted Ruling # 81-K-1528 [sic] of the Supreme Court of Louisiana, permitting counsel for the witness to assert the Fifth Amendment privilege in his stead." The defendant contends that these actions are in violation of the Sixth Amendment of the United States Constitution and Article I, Section 16 of the Louisiana Constitution of 1974 and denied him the right to "present a defense".

The testimony introduced by the State at the trial showed that on March 24, 1981 at approximately 2:30 a. m., two men committed armed robbery of the Time Saver at 401 Lapalco Boulevard in Gretna, Parish of Jefferson, Louisiana. Margaret Davison was the cashier on duty this night. The persons who committed the robbery entered the Time Saver separately with the second man entering approximately ten seconds after the first man. Both of the robbers were armed with pistols. The first man took $109.00 from Miss Davison. The second man stopped inside the door and forced a customer, Leon Robinson, who arrived while the robbery was in progress, to lie on the floor where he put a gun to his head and robbed him of his wallet and $10.00 in cash. Davison and Robinson both identified the defendant as the second man. After the robbers left, the crime was reported. The defendant and James Johnson were arrested *1053 shortly thereafter in a parked car two or three blocks from the scene of the robbery. The defendant, James Jones, was seated on the drivers side of the parked car. A .32 caliber pistol loaded with 2 live rounds was found on the seat next to him. James Johnson was seated on the passenger side of the vehicle. A .38 caliber pistol loaded with 6 live rounds was found on the floor board under the seat on the passenger side. Also found in the vehicle was cash money and Leon Robinson's wallet.

At the trial James Jones claimed the defense of compulsion. He testified that a friend of his by the name of James Johnson, also known as Ray Vaughn, held a gun on him and forced him to enter the Time Saver; that Johnson gave him an empty gun and followed him into the store; and that he was forced by Johnson to rob the cashier while Johnson stood by the door. He further testified that Johnson made him take the wallet and money from Leon Robinson and that he merely followed Johnson's orders throughout the incident out of fear for his life.

Prior to the trial the defendant asked for a severance and it was granted. On June 3, 1981, the defendant applied for a writ of habeas corpus ad testificandum for the production of James Johnson at the trial of the case, which was denied by the Trial Judge because "There is a present sanity hearing on James Johnson & until his hearing is completed the Court would deny this motion."

On the second day of the trial, June 11, 1981, counsel for the defendant called James Johnson as a defense witness.[1] Johnson was represented by Mr. Roy Ladner. Mr. Ladner advised the Court that he was not certain how coherent or able his client was to claim his Fifth Amendment rights. He stated that if it appeared that the witness was not able to exercise his Fifth Amendment rights properly, he would ask that a declaration of incompetency be made at that time.[2] Mr. Ladner further advised the Court that a motion for a sanity commission had been filed in Johnson's case; that two psychiatrists were appointed but were unable to make a final decision until additional neurological examinations were made; and that because of Johnson's condition, he was unable to properly evaluate any defenses that might be available to him or his ability to testify in the trial.[3] Counsel for the defendant, Jones, insisted on exercising his right to compulsory process of Johnson. An unsworn interrogation of Johnson was conducted by the Court out of the presence of the jury. A review of this interrogation shows that the witness identified himself as Johnson with an address of Tuscadero State Hospital (California), that he did not know his age, that he said he knew the difference between telling the truth or not, but he failed to respond to some of the questions propounded.[4] He was then questioned by his own attorney and indicated that he knew that he did not have to testify against himself, that he did not know what he was charged with, but appeared to be confused as to when he should answer questions or when he should not answer questions.[5] At this point, the Trial Judge ordered the witness to be sworn and the jury returned to the courtroom. After Johnson was sworn, his counsel objected to any questions being asked by the State or the defense and requested authority to apply to this Court for supervisory writs. The Trial Judge granted this request and gave counsel until the following morning, June 12, 1981, to get a reply.

On June 12, 1981, under Docket Number 81-KA-1528, this Court denied the supervisory writ with the following instructions:

"The trial judge found that the witness is competent. Counsel for the witness need not rely on `signals' to the witness to advise him that he should invoke the Fifth Amendment right against self-incrimination, *1054 but may advise the defendant when he is asked a question, and may speak for him in claiming the Fifth Amendment privilege if, as it appears, defendant cannot speak because he suffers from expressive aphasia."[6]

Upon commencing Court on June 12, 1981, counsel for Johnson advised the Court that Johnson no longer wished for him to be his attorney since he thought he was a psychiatrist and was a conspirator and working for his (Johnson's) opposition.[7] This request was denied by the Trial Judge and he ordered Mr. Ladner to continue as Johnson's attorney. Thereafter, in the presence of the jury, counsel for the defendant, Jones, made the following statement:

"Your Honor, I understand that the Supreme Court ruling is in favor of the ruling of Your Honor, in this matter, and that Mr.

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Bluebook (online)
412 So. 2d 1051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jones-la-1982.