State v. Lindsey

671 So. 2d 1155, 1996 WL 148439
CourtLouisiana Court of Appeal
DecidedApril 3, 1996
Docket28016-KA
StatusPublished
Cited by12 cases

This text of 671 So. 2d 1155 (State v. Lindsey) 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. Lindsey, 671 So. 2d 1155, 1996 WL 148439 (La. Ct. App. 1996).

Opinion

671 So.2d 1155 (1996)

STATE of Louisiana, Plaintiff-Appellee,
v.
Glen P. LINDSEY, Defendant-Appellant.

No. 28016-KA.

Court of Appeal of Louisiana, Second Circuit.

April 3, 1996.

*1157 Cook, Yancey, King & Galloway by Curtis R. Shelton, Shreveport, for defendant-appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Whitley R. Graves, Asst. District Attorney, for plaintiff-appellee.

Before NORRIS and HIGHTOWER, JJ., and CLARK, J. Pro Tem.

NORRIS, Judge.

Glen P. Lindsey was charged by bill of information with armed robbery. La.R.S. 14:64. The jury found him guilty as charged, and he was sentenced to 50 years imprisonment at hard labor without benefit of parole, probation or suspension of sentence. On appeal, his conviction and sentence were reversed, and the case was remanded for a new trial.[1] After another trial, a second jury also found Lindsey guilty of armed robbery. The trial court sentenced him to 50 years imprisonment at hard labor without benefit of parole, probation or suspension of sentence, and with credit for time served. Lindsey *1158 now appeals this conviction and sentence, urging 14 assignments of error.[2] For the following reasons, we affirm.

Facts

The victim, Jack Taylor, described the incident as follows. Around 1:30 a.m. on January 4, 1991, he answered the door of his apartment in Bossier City to find an acquaintance, Debbie Pate, whom he had known for about a month. She spoke briefly to him inside the apartment, and then opened the door to leave. As she stepped outside, two men, later identified as Glen Lindsey and Jamie Blevins, rushed into the apartment. One of the men struck Taylor in the forehead with a tire iron, causing him to stumble backwards and fall onto the bed. Someone immediately placed a pillow over his head so he could not see, ordered him not to move, and stated he had a gun pointed at his head; he felt a hard object pressed against his head. Taylor then heard Pate return and a man ask what she wanted; she responded, "I want everything." The group stole his wallet, television and speakers, video cassette recorder, and his .38 caliber revolver and gunbelt. The man holding him down asked Pate if he should kill him; Pate said no. They then walked him, with the pillow over his head, out of the apartment, and ordered him to continue walking away from them toward the office. He complied, but managed to glimpse the front end of the car as they sped away from the scene.

On January 15, Pate was arrested and charged with armed robbery. She pled guilty to accessory after the fact and was sentenced to two years, with credit for time served. Pate testified at Lindsey's trial, where she recounted the following. She first met Lindsey and Blevins on the night of January 3, 1991. They needed money so she suggested they introduce Becky Pageant, Lindsey's girlfriend, to Jack Taylor, a friend of hers. She had no idea they planned to rob him.

All four drove to Taylor's apartment. Pate alone went inside to tell Taylor that Pageant was waiting outside in the car. Taylor asked her to go get Pageant, and as she stepped outside, Lindsey and Blevins "busted in." She was somewhat unsure whether it was Lindsey who hit Taylor with the crowbar. However, she knew it was Lindsey who held the gun to his head, and asked if he should shoot him. During this time, Blevins was removing Taylor's possessions from the apartment. She testified that Lindsey was holding the gun as they left the apartment.

Blevins was later arrested; he pled guilty to simple robbery pursuant to a plea bargain whereby he received a sentence of four years at hard labor, with two years and 10 months suspended. He also testified at Lindsey's trial. According to Blevins, all four of them were driving around town that night in Pageant's car when Pate stated she knew where they could get some money. She said she wanted to introduce Pageant to her friend Taylor, who "liked to meet new girls." When they arrived at Taylor's apartment, Pate went inside. After about five minutes, Lindsey told Blevins, "Let's go," grabbed a tire iron, and both headed for the apartment. When they entered, Lindsey struck Taylor in the head with the tire iron, knocking him down on the bed. Lindsey then put the pillow over Taylor's head and held the pointed edge of the tool against Lindsey's side. Lindsey hit Taylor with the tire iron several times. Pate was shouting at Blevins to "grab this; get that"; Blevins admitted he took the television, speakers and V.C.R. Blevins saw Pate remove Taylor's gun from the closet and hand it to Lindsey, who held the gun on Taylor until they left. Blevins also heard Lindsey ask if he should kill Taylor. As they were leaving, Lindsey told Taylor not to look back or he would kill him.

Other witnesses for the State included a Bossier City police officer, Fred Gregory, and a friend of Lindsey's, Jack Anderson Michaels, Jr. Officer Gregory investigated the robbery of Taylor's apartment. He testified that when he arrived Taylor was bleeding from the forehead and nose, but had not sustained serious injuries. He testified that *1159 they were unable to lift fingerprints due to the dusty condition of the apartment. Later in the investigation, Officer Gregory searched a Plymouth that was parked at Lindsey's, but belonged to Rebecca McDougal (a.k.a. Becky Pageant). He testified he found a tire tool on the floorboard behind the driver's seat, but was unable to obtain fingerprints, blood, hair or other specimens from it. Officer Gregory arrested Lindsey and questioned him regarding his whereabouts at the time of the robbery. Lindsey claimed he had been at home with Becky Pageant the entire night, and around 3:00 that morning, Pate and Blevins came by to return Pageant's car, which they had borrowed earlier in the evening. They told him they had taken some merchandise from a man in Bossier, and asked if they could keep the car until they disposed of the items. The stolen items were never recovered.

Michaels testified that he and Lindsey had been best friends for 25 years. His former wife, Carla, is presently married to Lindsey. Michaels testified that he visited Lindsey in jail in June 1991, and that during their conversation, Lindsey admitted he had hit Taylor in the head with a tire tool. Michaels also vaguely recalled some mention of a gun. Michaels waited, however, until March or April 1994 to report this conversation to the Bossier Parish District Attorney's Office.

Lindsey neither testified nor offered any witnesses on his behalf.

Assignments Nos. 1 and 2

These two assignments concern a photographic line-up the State conducted in which one co-perpetrator and witness, Pate, was unable to identify another co-perpetrator and witness, Blevins. The State did not provide the line-up to Lindsey. First, Lindsey urges the trial court erred in failing to find that the State had a duty to disclose this material under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and La. C.Cr.P. art. 729.3. Second, he contends the trial court erred in overruling his objection at trial and allowing Pate to testify in light of the State's failure to provide the evidence. As a result, Lindsey claims he was denied his constitutional right to confront and cross examine Pate about her inability to identify Blevins. Lindsey also sought a continuance on this ground (and several others), the denial of which is assigned and will be addressed separately.

Under Brady v. Maryland,

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Cite This Page — Counsel Stack

Bluebook (online)
671 So. 2d 1155, 1996 WL 148439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lindsey-lactapp-1996.