State v. Meredith

536 So. 2d 555, 1988 WL 126161
CourtLouisiana Court of Appeal
DecidedNovember 22, 1988
Docket88 KA 0289
StatusPublished
Cited by5 cases

This text of 536 So. 2d 555 (State v. Meredith) 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. Meredith, 536 So. 2d 555, 1988 WL 126161 (La. Ct. App. 1988).

Opinion

536 So.2d 555 (1988)

STATE of Louisiana
v.
Joel D. MEREDITH.

No. 88 KA 0289.

Court of Appeal of Louisiana, First Circuit.

November 22, 1988.
Rehearing Denied February 22, 1989.

*556 Abbott Reeves and Kathleen O'Brien, Asst. Dist. Attys., Donaldsonville, for State.

John Digiulio, Baton Rouge, for Joel D. Meredith.

Before WATKINS, CRAIN and SAVOIE, JJ.

WATKINS, Judge.

Joel D. Meredith was indicted by the Ascension Parish Grand Jury for theft of property having a value of $500.00 or more, a violation of LSA-R.S. 14:67. He was tried by a jury, which convicted him as charged. The trial court imposed a sentence of five years at hard labor. This sentence was suspended; and defendant was placed on supervised probation for five years, with the following special conditions: that defendant make restitution to the Ascension Parish School Board in the amount of $9,633.33; that he pay $2,500.00 to the Ascension Parish Criminal Court to defray the cost of the operation of the court; that he pay $5,000.00 to the Ascension Parish School Board to compensate it for loss and inconvenience; and that he pay $75.00 per month to the Department of Public Safety and Corrections for the first three years of his supervised probation, to defray the costs of supervision. The court further ordered that the restitution, court costs, and compensation are to be paid within thirty days of the finality of judgment. Defendant appealed, urging twenty-two assignments of error, as follows:

1. The trial court erred by denying an individual sequestered voir dire examination.

2. The trial court erred by permitting the state to amend its discovery answers and the bill of particulars on the day before trial.

3. The trial court erred by permitting the state to introduce certain documentary evidence.

4. The trial court erred by denying defendant's motion for a change of venue.

5. The trial court erred by prohibiting defendant's paralegal to conduct interviews with the witnesses.

6. The trial court erred by admitting improper opinion evidence and evidence of other crimes.

7. The trial court erred by admitting improper opinion evidence and evidence of other crimes.

8. The trial court erred by admitting improper opinion, hearsay testimony.

9. The trial court erred by admitting expert testimony based on hearsay.

10. The trial court erred by admitting hearsay testimony.

*557 11. The trial court erred by admitting improper opinion evidence.

12. The trial court abused its discretion in determining the length of the trial day.

13. The trial court erred by excluding a defense exhibit.

14. The trial court erred by finding that an expert was properly qualified.

15. The trial court erred by finding that an expert was properly qualified.

16. The trial court erred by admitting irrelevant testimony.
17. The trial court erred by admitting hearsay testimony.
18. The trial court erred by improperly instructing the jury.
19. The trial court erred by improperly instructing the jury.

20. The trial court erred by failing to give a special requested charge.

21. The evidence is insufficient to sustain the verdict.

22. The trial court erred by refusing to enjoin the state from engaging in prosecutorial misconduct and by failing to grant a hearing on all of defendant's claims of misconduct.

FACTS

At the time of the instant offense, defendant was the principal of East Ascension High School. He was charged with theft after an investigation indicated cash shortages in several accounts he administered as principal, as well as an apparently unauthorized disbursement to himself from another account. Shortly after the investigation began, defendant was notified by the Superintendent of Ascension Parish Schools that a tenure hearing would be convened to determine his continued status as an employee of the Ascension Parish School Board. Defendant, who suffers from serious heart problems, immediately resigned.

Defendant was charged with the theft of money from three accounts: the "Sippy" concession account (which included proceeds from the sales of concessions during school hours and at home football games), the lost book account, and football gate receipts from an athletic account. Defendant was also charged with obtaining a $600.00 disbursement from one of the school's accounts in payment for summer school expenses, although defendant was not acting as the school's chief administrator during the summer school term.

SUFFICIENCY OF THE EVIDENCE

(Assignment of Error No. 21)

Defendant contends that the evidence presented by the state was not sufficient to sustain his conviction of theft under LSA-R.S. 14:67. Specifically, defendant contends the evidence, which was largely circumstantial, failed to exclude every other reasonable hypothesis of innocence. Finding merit to this assignment of error, we pretermit a discussion of the other assignments of error and reverse the conviction.

The proper procedural vehicle for raising the issue of the sufficiency of the evidence is by a motion for a post-verdict judgment of acquittal. LSA-C.Cr.P. art. 821; State v. Korman, 439 So.2d 1099 (La.App. 1st Cir.1983). A reviewing court, despite defendant's failure to proceed properly, must consider the evidence, when briefed upon assignment of error, to determine whether or not it meets the constitutional standards of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), now codified in LSA-C.Cr.P. art. 821. The standard set forth in article 821 is whether or not, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

Recently, in State v. Mussall, 523 So.2d 1305 (La.1988), the Louisiana Supreme Court discussed the Jackson v. Virginia standard as applied under the Louisiana Constitution and LSA-C.Cr.P. art. 821. Therein, the court noted that the Jackson doctrine involves more than simply applying a fixed standard to measure the simple quantum of the evidence produced in a case. The court set forth a guide for reviewing courts, as follows:

First, a review of a criminal conviction record for sufficiency of evidence does *558 not require a court to "`ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt[.]'" Second, a reviewing court must consider the record through the eyes of a hypothetical rational trier of fact who interprets all of the evidence as favorably to the prosecution as any rational fact finder can. Third, the inquiry requires the reviewing court to ask whether such a hypothetical rational trier of fact interpreting all of the evidence in this manner could have found the essential elements of the crime beyond a reasonable doubt. (Emphasis original.) (Footnotes deleted.)

Id. at 1309-1310.

Thereafter, the court emphasized that the principal criterion of a Jackson review is rationality. The doctrine does not require the court to decide whether or not, based on the entire record, the average

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Related

State v. McKemie
17 So. 3d 518 (Louisiana Court of Appeal, 2009)
State v. Dauzat
590 So. 2d 768 (Louisiana Court of Appeal, 1991)
State v. Bruce
577 So. 2d 209 (Louisiana Court of Appeal, 1991)
State v. Meredith
544 So. 2d 396 (Supreme Court of Louisiana, 1989)
State v. Jones
540 So. 2d 1124 (Louisiana Court of Appeal, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
536 So. 2d 555, 1988 WL 126161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-meredith-lactapp-1988.