State v. Maiden

463 So. 2d 848
CourtLouisiana Court of Appeal
DecidedJanuary 23, 1985
Docket16688-KA
StatusPublished
Cited by8 cases

This text of 463 So. 2d 848 (State v. Maiden) 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. Maiden, 463 So. 2d 848 (La. Ct. App. 1985).

Opinion

463 So.2d 848 (1985)

STATE of Louisiana, Appellee,
v.
Johnny J. MAIDEN, Appellant.

No. 16688-KA.

Court of Appeal of Louisiana, Second Circuit.

January 23, 1985.
Rehearing Denied February 22, 1985.

*849 Indigent Defender's Office by Ford E. Stinson, Jr., Benton, for appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., New Orleans, Henry Brown, Dist. Atty., James M. Bullers, Asst. Dist. Atty., Bossier City, for appellee.

Before MARVIN and SEXTON, JJ., and PRICE, J. Pro Tem.

PRICE, Judge Pro Tem.

The defendant, Johnny J. Maiden, appeals his conviction of two counts of simple burglary of an inhabited dwelling contrary to the provisions of LSA-R.S. 14:62.2. The defendant was sentenced to seven years at hard labor on each charge, to be served concurrently, one year of each term without benefit of probation, parole, or suspension of sentence. Finding no error by the trial court, we affirm.

FACTS

On October 11, 1982, the homes of Luke Boggs and Mrs. J.R. McCartney, both located on Thornton Road in Bossier Parish, were burglarized. Among the items missing from the Boggs's residence were a Browning automatic 12 gage shotgun, a Baretta automatic 12 gage shotgun, and a Marlin Winfield 22 caliber rifle. One of the items taken from the McCartney residence was a L.C. Smith 12 gage shotgun.

On November 29, 1982, the Shreveport Police Department arrested a William Parker for receiving stolen goods. Shreveport police officers searched Parker's apartment at the Quail Creek Apartments in Shreveport *850 and discovered numerous firearms. Among the items recovered were the guns missing from the Boggs and McCartney residences. Parker then identified the defendant in the present case as the person who had sold him the weapons which were owned by Luke Boggs and Mrs. McCartney.

At that time defendant was being held in the DeSoto Parish jail. After an interview with Bossier Parish sheriff's deputies, the defendant gave an oral statement confessing his involvement in the burglaries of the Boggs and McCartney residences. After trial by jury, the defendant was found guilty on both counts of simple burglary of an inhabited dwelling.

On appeal, the defendant filed the following assignments of error:

1. The trial court erred in admitting State Exhibit # 11 into evidence in that said exhibit was purportedly a copy of a rights card similar to that allegedly signed by defendant and thus to allow its introduction was contrary to the best evidence rule.
2. The trial court erred in admitting State Exhibit # 12 and # 13, alleged confessions by defendant, in that the State of Louisiana failed to affirmatively show that such confessions were free and voluntary and not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises.
3. The trial court erred in not granting defendant's request for a mistrial when reference was made within the hearing of the jury, of other inadmissible crimes alleged to have been committed by defendant.
4. The sentence imposed was excessive and constitutes cruel and unusual punishment.

ASSIGNMENT OF ERROR NO. 1

By this assignment, the defendant contends that the trial court erred in admitting Exhibit S-11, a Miranda rights card, on the basis that the card was not the best evidence.

Under LSA-R.S. 15:436, the best evidence which from the nature of the case must be supposed to exist, and which is within a party's control, must be produced. In the present case, the officers who testified stated that the Miranda rights card which the defendant had signed when they had initially interviewed him was lost. However, the officers did testify that Exhibit S-11 was an identical card to the Miranda rights card which they had read to and was signed by the defendant.

Introduction of Exhibit S-11 was not necessary to prove that the defendant had been given Miranda rights. Exhibit S-11 was only offered to show a card identical to the one which the defendant had signed. The card was not related to the offenses in the present case. The card was relevant only to the issue of whether the defendant had been given his Miranda rights prior to giving a statement to the police officers.

The record reflects that the trial court was fully aware that the card offered into evidence was not the card signed by the defendant. The officers testified that the original card was lost. Therefore, the best evidence was not available for introduction into evidence. The fact that Exhibit S-11 was not the original Miranda rights card simply goes to the weight of the evidence. We find this assignment of error to be without merit.

ASSIGNMENT OF ERROR NO. 2

By this assignment, the defendant contends that the trial court erred in admitting Exhibits S-7 and S-13, alleged confessions by the defendant, on the basis that the state has failed to show that the confessions were freely and voluntarily given.

Under LSA-R.S. 15:451, before what purports to be a confession can be introduced in evidence, it must be affirmatively shown that the confession was free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises. The state has the burden of affirmatively proving that the *851 confession was free and voluntary. LSA-C.Cr.P. Art. 703. The admissibility of a confession is in the first instance a question for the trial judge. His conclusions on the credibility and weight of testimony relating to the voluntariness of a confession will not be overturned on appeal unless such conclusions are not supported by the evidence. State v. Burkhalter, 428 So.2d 449 (La.1983); State v. Broadway, 440 So.2d 828 (La.App. 2d Cir.1983).

As a matter of federal constitutional law, a confession obtained by any direct or implied promises, however slight, or by the exertion of any improper influence must be considered involuntary and inadmissible. Bram v. United States, 168 U.S. 532, 18 S.Ct. 183, 42 L.Ed. 568 (1897); State v. Morvant, 384 So.2d 765 (La.1980); State v. Jackson, 381 So.2d 485 (La.1980); State v. Hall, 434 So.2d 517 (La.App. 2d Cir.1983). Even the slightest inducements held by a person in authority, such as a police officer or a prosecutor, may render a confession involuntary. State v. Jackson, supra.

In the present case, the defendant contends that his confession was not free and voluntary for two reasons. First, the defendant contends that he was threatened and coerced into giving the confession due to the conduct of an officer from Texas. Additionally, the defendant contends that he was promised leniency by the Bossier Parish deputies in return for his confession.

The record reflects that the defendant's statements were given to Bossier Parish sheriff's deputies on December 1, 1982, while the defendant was incarcerated in the DeSoto Parish Jail. The Bossier Parish sheriff's deputies went to DeSoto Parish to interview the defendant regarding his involvement in the burglaries in Bossier Parish. The deputies testified that an officer from an East Texas County also was present when they interviewed the defendant. The Bossier Parish deputies testified that the officer from Texas told the defendant that his girlfriend was also implicated in the Texas burglaries and might also be arrested.

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Bluebook (online)
463 So. 2d 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-maiden-lactapp-1985.