State v. Love

434 So. 2d 448, 1983 La. App. LEXIS 8906
CourtLouisiana Court of Appeal
DecidedJune 6, 1983
DocketNo. 15336-KA
StatusPublished
Cited by3 cases

This text of 434 So. 2d 448 (State v. Love) 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. Love, 434 So. 2d 448, 1983 La. App. LEXIS 8906 (La. Ct. App. 1983).

Opinion

FRED W. JONES, Jr., Judge.

After a jury trial the defendant, Donald Ray Love, was found guilty as charged of second degree murder (R.S. 14:30.1) and sentenced to life imprisonment at hard labor without benefit of parole. On appeal, defendant filed three assignments of error, one of which has been abandoned.

Context Facts

On July 1, 1981, during the course of an argument defendant struck his common-law wife, Sandra Ford, in the face and threatened her with a knife. The police were called and, at the request of Ms. Ford, directed defendant to leave the premises. Defendant complied with this order but returned a short time later, after the officers departed. Present in the dwelling at that time were Bobbette Ford, 15 year old daughter of Ms. Ford, and the youngster’s boyfriend, Ricky McMillan. Ms. Ford had decided to leave and stay away until defendant had time to “cool off”.

Defendant went into the kitchen, placed some meat in a skillet, and for a considerable period of time simply prodded the meat with a knife — without attempting to cook it. He was also observed “talking to the floor” in the living room. Defendant asked Bobbette several times who had called the police about him.

After a time McMillan left the house and started walking to a nearby grocery store with a friend, Morris Sutton. The two encountered a couple of females and engaged in conversation with them. Defendant joined the group and started walking up the street with McMillan and Sutton. After walking a short distance, without any apparent provocation, defendant pulled out a “buck” knife (with a 3½" blade) and stabbed McMillan once in the left upper chest. The youth staggered over into a wooded area, while defendant continued walking up the street.

A Shreveport police officer later arrived on the scene, found the victim where he had collapsed, and had him taken by ambulance to L.S.U. Medical Center where he died after emergency surgery. It was discovered that the stab to McMillan’s chest had pierced his aorta and heart, thus causing his death. The murder weapon was never recovered.

That night defendant went to the house of an aunt in Shreveport and told relatives he thought he had killed a man. Defendant requested that his aunt call the police and expressed an intent to go to the VA hospital the next morning. However, before he could leave for that facility the police arrived at the aunt’s house and, pursuant to a warrant, placed defendant under arrest.

After being indicted by a grand jury for second degree murder, defendant entered a plea of not guilty and not guilty by reason of insanity. A sanity commission was appointed to examine defendant. Following a sanity hearing, defendant was found to be mentally incompetent and committed to the Feliciana Forensic Facility, where he remained for four months. At a subsequent sanity hearing, on May 14, 1982, defendant was found to be mentally competent to proceed. Jury trial was held September 27 through October 5, 1982.

ASSIGNMENT OF ERROR NO. 1

Defendant contends in this assignment that the trial judge erred in denying his challenge for cause of the prospective juror Malee because of the latter’s “affinity with the District Attorney’s office.” Defendant exercised a peremptory challenge to excuse Malee and subsequently exhausted his peremptory challenges before completion of the panel.

During the voir dire it was revealed that Malee had known the prosecuting attorney for some 15 years; the two attended the same church; one of Malec’s daughters and the prosecutor attended the same high school during the same years; and the prosecutor was acquainted with Malec’s son who worked in the office of the Caddo Parish Sheriff.1

[450]*450Malee denied that his acquaintance with the prosecutor would influence in any way his verdict if accepted as a juror in the case.

A juror is subject to challenge for cause if his relationship with the prosecutor is such as to lead to the reasonable conclusion that his verdict would be influenced thereby. La.C.Cr.P. Art. 797. However, in the determination of a juror’s competency we defer to the trial judge’s discretion in the absence of an arbitrary or unreasonable exercise thereof which prejudices the defendant’s right to a fair and impartial trial. State v. Weathers, 320 So.2d 895 (La.1975).

In view of Malec’s rather casual acquaintance with the prosecutor, there was no reason to disbelieve his assertion that this relation would not influence his verdict. Therefore, the trial judge did not abuse his discretion in denying the challenge for cause.

This assignment lacks merit.

ASSIGNMENT OF ERROR NO. 3

Defendant argues in this assignment that “a rational trier of fact could not have found it was more probable than not that defendant was sane at the time of the offense.”

The test for legal insanity in this case is: if the circumstances indicate that because of a mental disease or mental defect the offender was incapable of distinguishing between right and wrong with reference to the conduct in question, the offender shall be except from criminal responsibility. La. R.S. Art. 14:14.

The defendant in a criminal case is presumed sane and the state is not required to prove sanity. La.R.S. 15:432. A defendant who desires to negate the presumption must put forth an affirmative defense of insanity and prove that insanity by a preponderance of the evidence. La.C.Cr.P. Art. 652.

When a defendant pleads the affirmative defense of insanity, is convicted, and on appeal claims the record evidence does not support the trial court’s finding on the sanity issue, we must use the Jackson standard2 to determine whether under the facts and circumstances of the case a rational trier of fact, viewing the evidence in the light most favorable to the prosecution, could conclude the defendant had not proved by a preponderance of the evidence that he was insane at the time of the offense. State v. Roy, 395 So.2d 664 (La.1981).

In support of his insanity plea defendant first presented the testimony of family members who related examples of consistent bizarre behavior on his part over the past years. An uncle stated that during the time defendant was living with him, he would often shout during the night that “something was after him.” On one occasion the defendant began digging in the yard, explaining that he was “digging up his father.” Another incident involved defendant’s shaving his head and eyebrows, putting on makeup and declaring that he was Jesus Christ.

Defendant also presented the testimony of three psychiatrists: Dr. Joe Ben Hayes, Dr. William E. Wilkinson and Dr. Linda Boswell. In addition to interviewing the 25 year old defendant, Dr. Hayes reviewed psychiatric reports compiled on him (including military service records) over the previous ten year period. Diagnosing defendant as suffering from paranoid schizophrenia, Dr. Hayes elaborated:

“I believe that this disease has become overt and fully developed sometime in his very late teens or early twenties, that sometime around 1977 it was first recognized and diagnosed in a psychiatric unit. When under stress, he tends to be psychotic; reacts to environment with delusional thinking where he feels extremely persecuted and turned against.”

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Related

State v. Otis
586 So. 2d 595 (Louisiana Court of Appeal, 1991)
State v. Pier
530 So. 2d 1253 (Louisiana Court of Appeal, 1988)
State v. Roux
487 So. 2d 1226 (Louisiana Court of Appeal, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
434 So. 2d 448, 1983 La. App. LEXIS 8906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-love-lactapp-1983.