State v. Joshlin

752 So. 2d 834, 2000 WL 39149
CourtSupreme Court of Louisiana
DecidedJanuary 19, 2000
Docket99-KK-1004
StatusPublished
Cited by10 cases

This text of 752 So. 2d 834 (State v. Joshlin) 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. Joshlin, 752 So. 2d 834, 2000 WL 39149 (La. 2000).

Opinion

752 So.2d 834 (2000)

STATE of Louisiana
v.
David E. JOSHLIN.

No. 99-KK-1004.

Supreme Court of Louisiana.

January 19, 2000.
Rehearing Denied February 18, 2000.

*835 Richard P. Ieyoub, Attorney General, Charles A. Shropshire, District Attorney, William G. Carmichael, Asst. District Attorney, Counsel for Applicant.

Aidan Cyril Reynolds, Unglesby, Koch & Reynolds, Baton Rouge, Counsel for Respondent.

KNOLL, Justice.[*]

The State charged David E. Joshlin (defendant), a Texas resident, by bill of information with insurance fraud (Count 2), a violation of LA. REV. STAT. ANN. 22:1243.[1] The State alleged that on or about December 16 and/or 18, 1995, defendant presented written statements to CNA Insurance Company[2] (CNA) in support of a claim for payment as the beneficiary of a life insurance policy on the life of Bennie Frank Joshlin (Bennie), defendant's brother, knowing the statements contained false and/or fraudulent information.

Defendant filed a motion to quash Count 2 on the ground that the trial court lacked jurisdiction over the offense because the act constituting the offense, the filing of the insurance claim, occurred wholly outside Louisiana. At the hearing on the motion to quash, neither the State nor the defendant introduced evidence. When defendant sought appellate review of the trial court's adverse ruling, the parties jointly submitted the following stipulation of facts:

*836 Mr. David Edward Joshlin [defendant] petitioned the 20th Judicial District Court in East Feliciana Parish on August 2, 1995 seeking a declaratory judgment and on December 5, 1995 testified as to the disappearance of Bennie Frank Joshlin and, thereafter, obtained a declaratory judgment ordering the State of Louisiana to issue a death certificate for Bennie Frank Joshlin; thereafter, David Edward Joshlin mailed claims for insurance benefits on the life of Bennie Frank Joshlin from the State of Texas to the State of Illinois.

In the State's response to defendant's discovery request, the State alleged that defendant initiated a plan in the mid-1980s to resurrect the identity of his long-deceased brother, Bennie. According to some family members, Bennie died as an infant in 1930. The alleged scheme invalid the opening of bank accounts and a business in Bennie's name, together with various vehicular purchases during the course of several years in the deceased brother's name. In addition, the State alleged that defendant obtained two insurance policies in Bennie's name which listed defendant as beneficiary.

The discovery responses further describe that defendant filed a report with the West Feliciana Parish Sheriff's Office, which detailed that Bennie was missing in 1991 after attempting to raft down the Mississippi River from Vidalia to St. Francisville. The discovery responses further state that defendant testified at a court hearing in East Feliciana Parish in December of 1995 about Bennie's disappearance on the river. Ultimately, after considering the evidence presented, the trial court issued a declaration of death for Bennie Frank Joshlin.[3]

The State contended that defendant utilized the trial court judgment which declared Bennie's accidental death to file claims from his Texas residence with two insurance companies, seeking life insurance proceeds as the beneficiary. The State further asserted that defendant provided false testimony at the hearing in the trial court which resulted in a judgment declaring Bennie's death.

The trial court found that venue was proper in East Feliciana Parish, resting its holding on defendant's allegedly fraudulent conduct in that parish which included his filing of a civil suit to have his brother declared dead and defendant's alleged false testimony at that hearing. The court of appeal, First Circuit, concluded otherwise, finding that the trial court did not have jurisdiction over the offense because defendant effected the elements of the insurance fraud in Texas, not Louisiana. The appellate court premised its holding on a finding that defendant submitted the claims for the proceeds to the accidental death policies from his residence in Texas. State v. Joshlin, 98-1538 (La.App. 1 Cir. 3/12/99), 737 So.2d 965 (unpublished opinion). We granted the State's writ application to consider the propriety of the appellate court's decision. State v. Joshlin, 99-1004 (La.6/25/99), 745 So.2d 622. We reverse and remand.

LAW AND ANALYSIS

Art. III, § 2, cl. 3 of the United States Constitution provides that "the Trial of all Crimes ... shall be held in the State where the said Crimes shall have been committed." Likewise, the Sixth Amendment requires that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district *837 wherein the crime shall have been committed."[4]

Reiterating this legal behest, LA. CONST. art. I, § 16 requires that every person charged with a crime has the right to an impartial trial "in the parish where the offense or an element of the offense occurred, unless venue is changed in accordance with the law." LA. CODE CRIM. PROC. ANN. art. 611 restates Louisiana's constitutional canon in this regard and further provides that "[i]f acts constituting an offense or if the elements of an offense occurred in more than one place, in or out of the parish or state, the offense is deemed to have been committed in any parish in this state in which any such act or element occurred."

The locus delicti of the charged offense "`must be determined from the nature of the crime alleged and the location of the act or acts constituting it.'" Cabrales, 524 U.S. at 6-7, 118 S.Ct. 1772 (quoting United States v. Anderson, 328 U.S. 699, 703, 66 S.Ct. 1213, 90 L.Ed. 1529 (1946)). In effectuating this inquiry, a court must first identify the conduct of the offense and then discern the location of the commission of the criminal acts. United States v. Rodriguez-Moreno, 526 U.S. 275, 119 S.Ct. 1239, 143 L.Ed.2d 388 (1999); see Cabrales, 524 U.S. at 6-7, 118 S.Ct. 1772; Travis v. United States, 364 U.S. 631, 635-37, 81 S.Ct. 358, 5 L.Ed.2d 340 (1961); United States v. Cores, 356 U.S. 405, 408-09, 78 S.Ct. 875, 2 L.Ed.2d 873 (1958). In the identification of the relevant conduct, a court may look to the verbs used in the statute to determine the nature of the substantive offense. Rodriguez-Moreno, 526 U.S. at 280, 119 S.Ct. 1239. Regardless, the Court stated:

While the "verb test" certainly has value as an interpretative tool, it cannot be applied rigidly to the exclusion of other relevant statutory language. The test unduly limits the inquiry into the nature of the offense and thereby creates a danger that certain conduct prohibited by statute will be missed.

Rodriguez-Moreno, 526 U.S. at 280, 119 S.Ct. 1239.

The particular question before us is whether in LA. REV. STAT. ANN. 22:1243, the Louisiana Legislature intended to punish the preliminary acts which are the foundation for the statements defendant made in the allegedly fraudulent claim he presented to the life insurance company.

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Cite This Page — Counsel Stack

Bluebook (online)
752 So. 2d 834, 2000 WL 39149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-joshlin-la-2000.