State v. Lirette

195 So. 3d 644, 16 La.App. 3 Cir. 72, 2016 La. App. LEXIS 1083, 2016 WL 3078182
CourtLouisiana Court of Appeal
DecidedJune 1, 2016
DocketNo. 16-72
StatusPublished

This text of 195 So. 3d 644 (State v. Lirette) 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. Lirette, 195 So. 3d 644, 16 La.App. 3 Cir. 72, 2016 La. App. LEXIS 1083, 2016 WL 3078182 (La. Ct. App. 2016).

Opinion

PETERS, J.

hThe defendant, Odeal Pippins Lirette, appeals her conviction of second degree murder, a violation of La.R.S. 14:30.1. For the following reasons, we affirm the conviction in all respects.

DISCUSSION OF THE RECORD

It is undisputed that during the early evening hours of November 4, 2013, the defendant shot and killed James Ricky Guillory, Jr. (the victim). A St. Landry Parish Grand Jury indicted her for the offense of second degree murder, and after a two-day trial which began on June 24, 2015, a jury convicted her of the offense. At a November 12, 2015 hearing, the trial court sentenced the defendant to serve life in prison at hard labor, without the benefit of parole, probation, or suspension of sentence. Thereafter, the defendant perfect[646]*646ed this appeal, wherein- she asserted the following assignments of error:

1. The State failed to prove beyond a reasonable doubt that Appellant’s actions were not justified to prevent either great bodily harm or death to her by James Ricky Guillory, Jr.
2. The evidence introduced at the trial of this case, when viewed under the Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) standard, was insufficient to prove beyond a reasonable doubt that Appellant, Odeal Pippens [sic] Lirette, committed second degree murder of James Ricky Guillory, Jr.
3. The trial court erred in denying Appellant’s Motion for Post-Verdict Judgment of Acquittal.
4. The trial court erred in failing to assure that discussions and arguments of counsel made during sidebar discussions were recorded and preserved for appellate review, thereby denying Appellant to her constitutional right to a full appeal.

OPINION

The defendant asserts in her first three assignments of error that the State of Louisiana (state) either failed to establish that she was not acting in self-defense or that she had the requisite intent necessary to commit second degree murder. ^Additionally, in her fourth assignment of error, the defendant asserts that the trial court erred in failing to have all sidebar discussions recorded for appellate review.

The evidentiary record establishes that the offense occurred at a Krotz Springs, Louisiana residence located on rented immovable property, previously belonging to John Wesley Pippins, Sr. (John Sr.), who died in July of 2013. John Sr. and the defendant were formerly husband and wife and although everyone acknowledged that the residence belonged to John Sr. before his death, it was actually titled in the name of their daughter, Penny Wesley Stermer (Penny). At trial, one of the couple’s sons, John Wesley Pippins, Jr. (John Jr.), testified that all of John Sr.’s children agreed that despite being titled in Penny’s name, the residence actually belonged to the defendant after John Sr.’s death. A mechanic’s shop owned by Bobby Guillory separates the residence where the offense occurred and the residence where the defendant was then residing.

At the time of the offense, another one of the couple’s children, Brandon Pippins (Brandon), and his friend, the victim, occupied the residence. Brandon moved to the residence from a trailer located in another part of Krotz Springs approximately three months after John Sr.’s death, and one month before the offense. At Brandon’s invitation, the victim moved in with him approximately one week after Brandon moved in to the residence. Bobby Guillory testified that after Brandon moved into the residence, he observed that people began frequenting the residence, with the traffic picking up around 4:00 p.m. daily. However, because he closed his mechanic’s shop at 5:00 p.m. every day, he did not observe the evening traffic. Additionally, he could not say with certainty that the previous lack of visitor traffic was not primarily because of John Sr.’s poor health and advanced age.

IsThe evidence establishes without question that the defendant did not approve of her son’s living arrangements from the moment the victim moved in. According to Brandon, the defendant strongly objected to the victim’s presence in the residence and wanted him to be evicted. Bobby Guillory testified that the defendant expressed a concern to him that the increased traffic evidenced illegal drug activity, and asked him to move some of the [647]*647vehicles around his shop so that she could better see the nature of the activity at the residence.

The evidence also' establishes that the defendant appeared at the Krotz Springs Police Department at 7:52 a.m. on November 4, 2013, and asked to speak to an officer about having the victim removed from the residence. When no one was available to speak with her-at that early hour, she returned at 4:12' p.m. and spoke with Officer Carl Silvio.

According to Officer Silvio, the defendant “was concerned about someone that was living in her son’s home, and wanted to know what [the police] could do about having the subject removed.” However, when the defendant told Officer Silvio that the house was titled in her daughter’s name, he told her that her. daughter “would have to be the one to deal with the subject.” Officer Silvio testified that at this point, the defendant began complaining about the excess traffic' at the "residence, and related her concern that- the victim and her son were involved in illegal drug activity and that her son’s relationship with the victim “was going to get [him] in trouble.” The officer then explained to the defendant that more evidence than excessive automobile traffic was required before the authorities would initiate an investigation. He suggested that she begin to record the license plate numbers of the vehicles frequenting the residence as that might lead to evidence that could be acted upon. According to Officer Silvio, when the defendant finally understood that the Krotz Springs Police would not remove the |4victim from the residence without the request of the record owner and/or additional evidence of drug activity, she stated, “I guess I’ll have to deal with it myself. Y’all aren’t going to help us.” At that point, she left Officer Silvio’s office.

After leaving Officer Silvio’s office, the defendant telephoned- Penny and asked Penny to meet her at a local notary- public’s office to execute the papers necessary to transfer the residence into her (the defendant’s) name. Penny met the defendant and executed the necessary documents to complete the transfer. Penny testified -that had they been able to find a' time prior to this date, she would have executed the-documents earlier, and that it .was “just coincidental that [November 4] was the- particular day that [they] found a. notary that was -home at the same time that [she] was home.” According to Penny, the defendant did not mention her visits to the police department earlier in the day. . -

- At the precise moment she shot the victim, the defendant was on the telephone talking to John Jr. John Jr. initiated the call beginning at 6:21 p.m., and sometime during the initial part of the conversation, the- defendant made a comment to - the effect that she observed people walking down the levee. A few minutes later, John Jr. set his cellular telephone down for a moment to look for fish bait in his boat, and when he heard the defendant say something that he did not understand, he picked up the telephone and asked her-to repeat what she said.

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Bluebook (online)
195 So. 3d 644, 16 La.App. 3 Cir. 72, 2016 La. App. LEXIS 1083, 2016 WL 3078182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lirette-lactapp-2016.