State v. McClain

685 So. 2d 590, 1996 WL 714926
CourtLouisiana Court of Appeal
DecidedDecember 11, 1996
Docket95-KA-2546
StatusPublished
Cited by15 cases

This text of 685 So. 2d 590 (State v. McClain) 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. McClain, 685 So. 2d 590, 1996 WL 714926 (La. Ct. App. 1996).

Opinion

685 So.2d 590 (1996)

STATE of Louisiana
v.
Johnny A. McCLAIN.

No. 95-KA-2546.

Court of Appeal of Louisiana, Fourth Circuit.

December 11, 1996.

Richard Ieyoub, Attorney General of the State of Louisiana and Darryl W. Bubrig, Sr., District Attorney, 25th Judicial District, Pointe-a-la-Hache, and Gilbert V. Andry, III, Assistant District Attorney, New Orleans, for Plaintiff/Appellee.

*591 Peter Barbee, Plaquemines Parish, Indigent Defender Board, Pointe-a-la-Hache, for Defendant/Appellant.

Before ARMSTRONG, PLOTKIN and LANDRIEU, JJ.

ARMSTRONG, Judge.

The defendant, Johnny McClain, was indicted by grand jury for first degree murder, a violation of La. R.S. 14:30. The State subsequently amended the indictment to charge him with second degree murder, a violation of La. R.S. 14:30.1. He was tried by a twelve-member jury which found him guilty of manslaughter. The defendant was sentenced to fifteen years at hard labor. His motion for reconsideration of sentence was denied. The defendant now appeals.

On the afternoon of October 24, 1993, in Empire, Louisiana, the defendant, whose nickname was "Alabama," got into an argument with Bernadette Cipriano, who was also known as "Mother Nature." After he left her trailer, the argument resumed outside at which point Mother Nature swung a broom at the defendant and missed. The defendant struck her several times with his cane, whereupon Mother Nature's daughter Teacher Joseph threw a paint can at him. The defendant then retreated to the trailer where he lived with Rena Joiner.

The defendant came out of the trailer a short time later, and the fight with Mother Nature resumed. Her grandson Glitz Joseph became involved, and the defendant threatened to kill him for taking up for his grandmother. At this point, Harold "Rooster" Collins walked up and told the defendant to stay away from his wife. The defendant pointed his cane in Rooster's face, and Rooster knocked it down. The defendant then pulled a knife and stabbed Rooster several times. Glitz then began hitting the defendant in the back with a stick. The defendant stabbed Glitz in the leg and broke the blade of the knife. The defendant again retreated to his trailer.

Mother Nature and Teacher put Glitz in Teacher's car in order to take him to the hospital; but, due to transmission problems, they could not leave. The defendant came back outside, and Mother Nature picked up a brick. The defendant chased her around the car but stopped. Felton Toulouse came out of a nearby barroom and approached the defendant. They exchanged words, and the defendant pointed his cane in Toulouse's face. Toulouse knocked it away, and the defendant stabbed him. Toulouse then ran from the defendant, who pursued him; and, Toulouse picked up a barstool that was underneath a tree. The defendant also picked up a chair, and the two fought briefly with the two chairs. Toulouse then collapsed. He died later from a stab wound to the chest.

The defendant testified that prior to the altercation with Mother Nature, Toulouse threatened him. He also testified that Mother Nature also had a knife and that the others also had weapons. He stated that he stabbed Toulouse and the others to protect himself.

ERRORS PATENT AND ASSIGNMENT OF ERROR NO. 3:[1]

A review of the record reveals no errors patent.

ASSIGNMENT OF ERROR NO. 1:

In his first assignment of error, the defendant complains that the trial court erred in overruling his objections to the State's using its peremptory challenges to excuse prospective jurors who were of the same race as the defendant. He argues that the State's use of its peremptory challenges in this manner violated Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).

In Batson, the United States Supreme Court adopted a three-part analysis to determine whether a prosecutor exercised peremptory challenges in a discriminatory fashion. First, the defendant must demonstrate a prima facie case of purposeful discrimination. Batson, 476 U.S. at 96-97, 106 S.Ct. at 1722. Second, once the defendant establishes a prima facie case of discrimination, the burden shifts to the prosecution to give race-neutral reasons for the peremptory challenges. Id., 476 U.S. at 97-97, 106 S.Ct. at 1723. Third, after the prosecutor has *592 presented his reasons, the issue of fact is joined; and, the trial court must assess the weight and credibility of the explanation in order to determine whether there was purposeful discrimination in the use of the peremptory challenges. Id. For a Batson challenge to succeed, it is not enough that a racially discriminatory result be evidenced; rather, that result must be traced to a racially discriminatory purpose. State v. Green, 94-0887 (La.5/22/95), 655 So.2d 272. The sole focus of the Batson inquiry is upon the intent of the prosecutor at the time he exercised his peremptory challenges. Id.

In the present case, the defendant complains about the State's peremptorily challenging five jurors: Arwin Sino, August Dennis, Armond Dinet, Mitchell Encalade, and Espy Encalade. He argues that the State only gave "lip service" to providing raceneutral reasons for its obvious discriminatory intent in excusing these prospective jurors. The defendant points to the State's using five of the six peremptory challenges it exercised to excuse blacks from the jury. It should be noted that as to Espy Encalade, the defendant never actually objected to his being struck by the State. Thus, the defendant's failure to lodge an objection to this prospective juror's dismissal cannot be reviewed on appeal. La.C.Cr. P. art. 841.

As to the first step in the Batson analysis, the defendant must establish that he is a member of a cognizable racial group, that the prosecutor exercised peremptory challenges to remove other members of that race from the jury, and that these facts and other relevant circumstances raise an inference that the prosecutor used those challenges to exclude venire persons from the jury because of their race. State v. Collier, 553 So.2d 815 (La.1989).[2] If the defendant fails to make out a prima facie case of racial discrimination, the Batson challenge fails; and, the State does not have to provide race-neutral reasons for the exercise of its peremptory challenges. State v. Green, 94-0887 at p. 24, 655 So.2d at 287-288. To prove his case, the defendant may offer any relevant facts such as the pattern of strikes by the prosecutor against members of a suspect class, statements or actions of the prosecutor which support an inference that the exercise of the strikes was motivated by impermissible considerations, the composition of the venire and of the jury finally empaneled, and any other disparate impact upon the suspect class which is alleged to be the victim of purposeful discrimination. Id.

In the present case, the trial court did not expressly rule on whether the defendant actually made out a prima facie case of purposeful discrimination regarding the State's use of its peremptory challenges. After the defendant made his objections, the prosecutor went ahead and gave his reasons for excusing the prospective jurors at issue. Hence, this makes moot the preliminary issue of whether the defendant established a prima facie case of discrimination. See Hernandez v. New York, 500 U.S. 352, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991).

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Cite This Page — Counsel Stack

Bluebook (online)
685 So. 2d 590, 1996 WL 714926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcclain-lactapp-1996.