State v. Littleton

436 So. 2d 500
CourtSupreme Court of Louisiana
DecidedJune 27, 1983
Docket82-KA-1443
StatusPublished
Cited by12 cases

This text of 436 So. 2d 500 (State v. Littleton) 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. Littleton, 436 So. 2d 500 (La. 1983).

Opinion

436 So.2d 500 (1983)

STATE of Louisiana
v.
Sherry E. LITTLETON.

No. 82-KA-1443.

Supreme Court of Louisiana.

June 27, 1983.
Rehearing Denied September 1, 1983.

*502 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Carl Parkerson, Dist. Atty., Lavalle Salomon, Joseph Michel, Nancy Gilliland, Asst. Dist. Attys., for plaintiff-appellee.

Steven A. Hansen, Malcolm De Celle, Jr., DeCelle & Hansen, Monroe, for defendant-appellant.

DIXON, Chief Justice.

Defendant Sherry E. Littleton was charged by grand jury indictment with conspiracy to commit first degree murder of her husband, John Littleton, in violation of R.S. 14:26 and 14:30.[1] She was tried, found guilty, and sentenced to thirty years at hard labor, to run consecutively with her previous sentences for negligent homicide and perjury arising out of this incident. Defendant appeals her conviction and sentence.

On the evening of January 17, 1979, defendant, her sister Patricia Knowles, and Winfred Chappel visited several bars together in Monroe, Louisiana, drinking alcohol, smoking marijuana and taking amphetamines. Chappel left the two women before midnight, and shortly after midnight the Ouachita Parish Sheriff's Office received a call concerning a shooting in West Monroe at defendant's trailer home. Defendant's husband had been shot once in the chest with a 16 gauge shotgun. Defendant told the officers that she shot her husband in self-defense after he had beaten and threatened her. Defendant had numerous bruises on her face.

On March 30, 1979 defendant was indicted for manslaughter, and on July 19, 1979, pursuant to negotiations with the district attorney's office, pleaded guilty to negligent homicide and was sentenced to five years at hard labor.

Subsequent to Littleton's incarceration, Knowles and Chappel came forward with the following facts. On the evening of January 17, 1979 the three had visited several bars, and defendant repeatedly asked Chappel to kill her husband. Although romantically involved with defendant at the time, Chappel refused. The three then went to the parking lot of a convenience store where defendant, at her own request, was struck several times in the face by Chappel, as part of a plan to make it seem that she had been beaten by her husband. Defendant and Knowles then drove to defendant's trailer home. Patricia Knowles told authorities in Kansas that it was she who actually shot her brother-in-law. She was returned to Louisiana where she was indicted for conspiracy to commit murder and for first degree murder. Knowles was acquitted of the first degree murder charge after testifying in her own defense at trial, and the conspiracy charge was thereafter quashed because of her acquittal on the murder charge arising out of the same facts. State v. Knowles, 392 So.2d 651 (La. 1980).

Sherry Littleton was indicted by the grand jury on December 11, 1979 for perjury before the grand jury investigating the death of John Littleton, and for conspiring with Patricia Knowles to commit first degree murder. Defendant was convicted of perjury in June of 1980, and her conviction and sentence were affirmed. 395 So.2d 730 (La.1980). In March of 1982, after numerous pretrial motions, defendant was tried and convicted of conspiracy, and this appeal followed.

Assignments of Error Nos. 1 and 2

Defendant alleges as Assignment of Error No. 1 that the trial court erred in denying defendant's plea of autrefois acquit, res judicata, collateral estoppel and former jeopardy. In Assignment of Error No. 2 defendant alleges the trial court erred in *503 denying defendant's "motion to estop." Defendant's plea is based upon her negligent homicide conviction, while the motion is based on Patricia Knowles' acquittal and successful motion to quash the conspiracy indictment.

No person shall be twice put in jeopardy of life or liberty for the same offense. Amendment V, United States Const.; Art. 1, § 15, La. Const.; C.Cr.P. 591. The test for determining if two offenses are distinguishable was stated in Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 182, 76 L.Ed. 306 (1932):

"... where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not...."

The rule applies to consecutive punishments as well as to successive prosecutions. Brown v. Ohio, 432 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977). In Louisiana, the statutory limitation on the prohibition against double jeopardy is found in C.Cr.P. 596.[2]

Negligent homicide is defined in R.S. 14:32 as "... the killing of a human being by criminal negligence." Criminal conspiracy is defined in R.S. 14:26:

"A. Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.
If the intended basic crime has been consumated, the conspirators may be tried for either the conspiracy or the completed offense, and a conviction for one shall not bar prosecution for the other."

Negligent homicide does not require evidence of an agreement which is necessary for a conspiracy conviction; criminal conspiracy to commit first degree murder does not require evidence of an illegal homicide, which is necessary for a negligent homicide conviction. Each crime, therefore, requires proof of an additional fact which the other does not. Neither subsequent prosecutions nor consecutive punishments are barred by reason of Blockburger's double jeopardy test.

Defendant contends also that the crimes were a part of a single transaction, commencing at 5:00 p.m. on the afternoon of January 17 and ending with the death of Mr. Littleton. There is no merit in defendant's argument. In State v. Solomon, 379 So.2d 1078 (La.1980), the same argument was raised concerning a burglary of an automobile and the theft of a watch from inside the glove compartment. This court found the burglary complete upon entry of the automobile with the intent to commit a theft. The actual theft of the watch did not occur until the watch was removed from the glove compartment. In this case, the conspiracy was completed by Sherry Littleton having her face bruised to provide the self-defense justification after the agreement had been reached. The actual homicide of Mr. Littleton was a later, separate and distinct act.

Finally, defendant contends the doctrine of collateral estoppel bars the state from bringing her to trial since the state was prevented from bringing a conspiracy charge against Patricia Knowles, the alleged coconspirator. Defendant relies on the principle of law that a person can not be convicted of conspiring with himself.

The doctrine of collateral estoppel was explained and applied to criminal cases by *504 Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970). This court applied the doctrine in State v.

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436 So. 2d 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-littleton-la-1983.