State v. McClinton

492 So. 2d 162, 1986 La. App. LEXIS 7386
CourtLouisiana Court of Appeal
DecidedJune 24, 1986
DocketNo. KA/85/1532
StatusPublished
Cited by4 cases

This text of 492 So. 2d 162 (State v. McClinton) 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. McClinton, 492 So. 2d 162, 1986 La. App. LEXIS 7386 (La. Ct. App. 1986).

Opinion

PONDER, Judge.

Daniel McClinton was charged by indictment with aggravated rape and aggravated burglary, in violation of R.S. 14:42 and R.S. 14:60. He pled not guilty and not guilty by reason of insanity. A jury found defendant guilty as charged on both counts. Defendant received a mandatory sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence for the aggravated rape conviction and a sentence of ten years at hard labor, to run concurrently with the life sentence, on the aggravated burglary conviction. Defendant has appealed, arguing twelve assignments of error.1

In the early morning hours of January 6, 1984, Daniel McClinton entered an apartment in Baton Rouge, Louisiana, and raped a sixteen year old girl at knifepoint. Defendant gained access to the apartment by bending a window screen and climbing through an open window without awakening the victim’s mother and stepfather, who were sleeping in the room. Defendant armed himself with a kitchen knife and entered the bedroom where the victim was asleep. Defendant turned on the light, woke the victim, and ordered her to disrobe. He then removed his clothes and forced the victim to submit to sexual intercourse.

After raping the victim, defendant re-entered the bedroom where the mother and stepfather were sleeping. This time they were awakened by his presence. Defendant threatened them with the knife and then retreated into the hallway and escaped through the front door. The victim informed her mother and stepfather that she had been raped and then collapsed. Her mother called the police, who arrived within minutes.

Officer Brown, one of the police officers responding to this call, observed a black male burning something in the parking lot [164]*164of an apartment complex a few blocks from the victim’s apartment. After observing defendant for several minutes. Officer Brown approached defendant and asked for identification. At this point, he observed that defendant fit the description of the rapist which was given to police officers at the scene by the victim and her mother. When Officer Brown noticed defendant had been burning a pair of men’s underwear, he placed defendant under arrest. A search of defendant produced two wallets, one of which belonged to the victim’s stepfather. The police also discovered several items taken from the victim’s apartment, including a kitchen knife, a coin box, and some frozen meat, in defendant’s car. The police officers returned to the victim’s apartment with defendant, who was immediately identified by the victim, her mother, and her stepfather. Subsequently, they also identified the items found in defendant’s car.

ASSIGNMENTS OF ERROR NUMBERS 2-A AND 12:

Defendant contends the trial court erred in overruling his objections to the State’s exercise of peremptory challenges to exclude prospective black jurors and in denying his supplemental motion for new trial on this basis. Defendant argues that the practice resulted in a denial of his right to a trial by a jury of his peers.

Although the record does not reflect the race of all of the prospective jurors, defendant states that out of thirty-three people called as prospective jurors, twelve were black. Defendant also contends the State exercised all of its peremptory challenges against blacks. The record does not indicate the number of prospective black jurors accepted by the State, although defendant conceded during oral arguments that there were two black jurors on the final jury panel. Finally, the record does not indicate whether any prospective black jurors were challenged by the defense.

Under the law in effect at the time of defendant’s trial, a defendant was not denied equal protection when the State exercised its peremptory challenges to exclude prospective black jurors in a particular case unless there has been a systematic exclusion of blacks over a period of time. Swain v. State of Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759 (1965); State v. Williams, 458 So.2d 1315, 1331 (La.App. 1st Cir.1984), writ denied, 463 So.2d 1317 (La.1985). The burden was on the defendant to make a prima facie showing of such systematic exclusion before the State was required to show the exercise of its peremptory challenges was not discriminatory. State v. Williams, supra. Defendant has not met this burden. He merely contends all of the State’s peremptory challenges in this particular case were used to exclude prospective black jurors.

In his brief, defendant argues that a showing of systematic exclusion of prospective black jurors over a period of time was not the only way to demonstrate that the prosecution’s use of peremptory challenges has resulted in a denial of the defendant’s right to a fair trial. We disagree that this was the law at the time of defendant’s trial. Defendant has failed to show a pattern of systematic exclusion of prospective black jurors over a period of time.

This assignment of error is without merit.2

ASSIGNMENT OF ERROR NUMBER THREE:

Defendant argues the trial court erred in refusing to permit him to question the victim as to the last time she engaged [165]*165in sexual intercourse prior to the alleged rape. Evidence of a victim’s prior sexual conduct is not admissible except for incidents arising out of the victim’s relationship with the accused. La.R.S. 15:498. However, defendant relies on State v. Langendorfer, 389 So.2d 1271 (La.1980), to make permissible his question to establish the possibility the sperm found on the victim’s bedsheets was that of her boyfriend. The Langendorfer Court permitted the testimony to rebut the defense’s argument that the sperm retrieved from the victim was that of her husband. In any event, the present victim’s other testimony ruled out any possibility the sperm could be attributed to her boyfriend. She testified she put clean sheets on her bed before going to sleep. Therefore, it is apparent the seminal fluid found on the sheet could not be attributed to her boyfriend.

The trial court’s ruling was not an abuse of discretion. See State v. Miller, 449 So.2d 1361 (La.App. 1st Cir.1984), writ denied, 450 So.2d 965 (La.1984).

This assignment of error is without merit.

ASSIGNMENT OF ERROR NUMBER FOUR:

Defendant argues the trial court erred in sustaining the prosecution’s objection to testimony by defendant’s sister regarding defendant’s behavior subsequent to the alleged rape. After the State’s objection was sustained, defense counsel made no attempt to explain what the testimony of defendant’s sister would have consisted of nor why testimony related to incidents occurring after the alleged rape would be relevant to the issue of defendant’s sanity at the time of the crimes.

The defendant has the burden of establishing the defense of insanity at the time of the offense by a preponderance of the evidence. La.Code Crim.Pro. art. 652. A non-expert witness, basing his testimony on facts and circumstances personally known to him, may give opinion testimony of the defendant’s mental condition, provided the witness is shown to have had ample opportunity to observe his speech, manner, habits, and conduct. State v. Murray, 375 So.2d 80 (La.1979).

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Related

State v. McClinton
525 So. 2d 730 (Louisiana Court of Appeal, 1988)
State v. McClinton
502 So. 2d 1092 (Supreme Court of Louisiana, 1987)
State v. Smith
504 So. 2d 1070 (Louisiana Court of Appeal, 1987)
State v. Tuggle
504 So. 2d 1016 (Louisiana Court of Appeal, 1987)

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Bluebook (online)
492 So. 2d 162, 1986 La. App. LEXIS 7386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcclinton-lactapp-1986.