State v. Jordan

174 So. 3d 1259, 2015 La. App. LEXIS 1542, 2015 WL 4749172
CourtLouisiana Court of Appeal
DecidedAugust 12, 2015
DocketNo. 50,002-KA
StatusPublished
Cited by13 cases

This text of 174 So. 3d 1259 (State v. Jordan) 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. Jordan, 174 So. 3d 1259, 2015 La. App. LEXIS 1542, 2015 WL 4749172 (La. Ct. App. 2015).

Opinion

STEWART, J.

hThe defendant, Samuel Jordan, was found guilty of the first degree murder of L.K., his infant daughter. Because the jury was unable to reach a decision regarding the imposition of the death penalty, Jordan received the mandatory sentence of life imprisonment at hard labor, without benefit of probation, parole, or suspension of sentence. Jordan now appeals his conviction on the grounds that he was prejudiced by the state’s introduction of evidence of prior bad acts, that the trial court erred in denying his motion to suppress statements he made to law enforcement officers, and that the trial court erred in denying a continuance. Finding no reversible error, we affirm Jordan’s conviction and life sentence.

FACTS and PROCEDURAL HISTORY

L.K. was born to Antoinette Kennedy and Jordan, an unmarried couple, on October 30, 2008. Jordan had the infant in his care for a week prior to Christmas. On December 23, 2008, the fire department responded to a call from Laquita Griffin, Jordan’s neighbor, reporting an infant in respiratory distress. L.K., age eight weeks, was unresponsive and breathing only three respirations per minute. The paramedic described it as agonal breathing.

The emergency room physician, Michael Sullivan, observed that the infant was limp, not moving, and had bruising over her entire face. Tests confirmed that L.K. had massive swelling of the brain and bleeding in her skull and brain. She was intubated and placed on a ventilator. The record contains excruciating and detailed evidence of L.K’s traumatic head injuries and suffering. After further testing at a pediatric intensive care unit |2at another hospital, doctors determined that the infant’s condition was irreversible. She was brain dead. On December 29, 2008, Kennedy gave permission for L.K. to be removed from the ventilator, and L.K’s short life came to an end as a result of blunt force closed head injuries.

On March 20, 2009, a grand jury indicted Jordan, age 21, for the first degree murder of L.K. Jordan entered a plea of not guilty at a formal arraignment on March 24, 2009. On August 18, 2009, the state filed a notice of intent to seek the death penalty.

On October 27, 2009, Jordan filed a motion to suppress recorded statements he made to Shreveport Police Department (“SPD”) officers on December 23 and 29, 2008. At the hearing on February 22, 2010, Jordan made an oral motion to in-[1263]*1263elude an unrecorded statement he made to an officer on December 23, 2008, while being transported from the hospital to SPD. After the testimony of the officers and arguments by counsel, the trial court denied the motion to suppress Jordan’s recorded and unrecorded statements.

On July 20, 2010, 'the state gave notice of its intent to introduce other crimes evidence, namely, Jordan’s prior conviction for cruelty to a juvenile, for purposes of proving intent and absence of mistake. Jordan requested a hearing to determine the admissibility of the other crimes evidence under La. C.E. art. 404(B). The hearing took place on August 18, 2010, at which time the trial court ruled the evidence admissible. Due to Jordan’s vulgar" outbursts during this hearing, the trial court held him in contempt and imposed a sentence of six months in the parish jail.

IsAfter at least two previous trial settings were upset, the defendant’s trial was again set for July 23, 2012. On April 11, 2012, defense counsel filed a motion for a continuance on the grounds that the mitigation investigation was not complete and would not be complete by the trial date. Defense counsel asserted that if the trial date was not continued, he would be unable to provide effective representation. An amendment to the motion was filed on April 19, 2012. After arguments on April 11 and 19, 2012, the trial court denied the motion. On May 81, 2012, this court denied the defendant’s application for supervisory review. The supreme court then denied the defendant’s writ as untimely on July 6, 2012.

On July 10, 2012, two additional attorneys enrolled as counsel for Jordan, affording him the benefit of representation by three capital-qualified defenders. On July 13, 2012, the defense filed notice of its intent to introduce evidence of Jordan’s mental condition at trial. Then, on July 16, 2012, the defense filed another motion to continue and motions to withdraw from representation, asserting that their continued representation of Jordan would violate the Rules of Professional Conduct because they would be unable to provide him competent representation. Again, the defense claimed that its mitigation investigation was incomplete. After hearing arguments on July 18, 2012, the trial court denied the motions to continue and to withdraw.

July selection began on July 23, 2012. During jury selection, there were more arguments pertaining to the defense’s efforts to continue the trial, culminating with the defense again filing motions to withdraw and a motion |4for a mistrial on July 27, 2012. After arguments, the trial court denied these motions, and opening statements were made to the empaneled jury.

At the close of the state’s case on July 28, 2012, the defendant elected not to testify. After deliberating for two hours, the jury returned a unanimous verdict of guilty as charged of the first degree murder of L.K

The sentencing hearing took place from July 29 through August 1, 2012. After deliberating 3½ hours, the jury foreman reported to the court that the jury was hopelessly deadlocked. The trial court declared a hung jury as to sentencing. On August 7, 2012, after denying the defendant’s motion for judgment of modification of the verdict, the trial court sentenced Jordan to life imprisonment without benefit of probation, parole, or suspension of sentence as mandated by La. C. Cr. P. art. 905.8.

On December 30, 2013, Jordan filed an application for post conviction relief seeking an out-of-time appeal, which the trial court granted. In three assignments of error, Jordan asserts that the trial court erred in denying his motions to suppress [1264]*1264' his statements, that he was prejudiced by the improper introduction of evidence of prior bad' acts, and that the trial court erred in denying the motions to continue the July 23, 2012, trial setting.

DISCUSSION

Motion to Suppress

On October 27, 2009, Jordan filed a motion to suppress audio recorded statements he gave on December 23 and 29, 2008, to Detective Rod Demery (“Demery”) of the SPD. He orally amended his motion and 1 Jater filed a written motion to suppress an unrecorded statement he made to Corporal Henry Burak (“Burak”), who transported him from the hqspital to SPD offices on December 23, 2008. The motion to suppress alleged that Jordan made the statements

under the influence of fear, duress, intimidation, menaces, threats, inducements and/or promises, and/or without defendant having been properly advised of his rights to remain silent and to have counsel appointed to represent him and/or without a sufficient understanding of his rights in order to make an intelligent waiver of those rights.

At the February 22, 2010, hearing on the motion to suppress, three SPD officers testified. • Burak and Demery responded to the hospital, Willis-Knighton South, about a “welfare concern” involving an infant. Dr. Sullivan informed them of L.K’s condition and his concern that she had been beaten. Burak testified that he was present when Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
174 So. 3d 1259, 2015 La. App. LEXIS 1542, 2015 WL 4749172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jordan-lactapp-2015.