State v. Morris

521 So. 2d 1214, 1988 WL 16431
CourtLouisiana Court of Appeal
DecidedFebruary 24, 1988
Docket19403-KA
StatusPublished
Cited by20 cases

This text of 521 So. 2d 1214 (State v. Morris) 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. Morris, 521 So. 2d 1214, 1988 WL 16431 (La. Ct. App. 1988).

Opinion

521 So.2d 1214 (1988)

STATE of Louisiana, Appellee,
v.
John Henry MORRIS, Appellant.

No. 19403-KA.

Court of Appeal of Louisiana, Second Circuit.

February 24, 1988.

*1215 Higgins & Starling by George L. Higgins, III, Pineville, for appellant.

William J. Guste, Jr., Atty. Gen., William B. Faust, III, Asst. Atty. Gen., James A. Norris, Jr., Dist. Atty., Marcus R. Clark, Asst. Dist. Atty., for appellee.

*1216 Before HALL, C.J., JASPER E. JONES and FRED W. JONES, JR., JJ.

HALL, Chief Judge.

Defendant, John Henry Morris was charged by bill of information with two counts of obstruction of justice in violation of LSA-R.S. 14:130.1. After a trial by jury defendant was found guilty as to count one and sentenced to 5 years at hard labor. As to count two, defendant was found guilty of attempted obstruction of justice in violation of LSA-R.S. 14:27 and LSA-R.S. 14:130.1 and sentenced to 2½ years at hard labor. The sentences are to run consecutively. Defendant has appealed raising ten assignments of error. Finding his contentions meritless, we affirm.

On September 5, 1986, Kevin Oglesby was arrested while delivering methamphetamines for James "Bubba" Pailette. Bubba Pailette was arrested and charged by bill of information with two counts of distribution of Schedule II controlled dangerous substances. Oglesby agreed to turn state's evidence and testified against Bubba Pailette at a preliminary examination on October 28, 1986.

On November 14, 1986, Oglesby and Estess Worley stopped at Paul Temple's residence. They entered the home through the back door which opened into the kitchen. They passed through a curtain type entry which separated the kitchen and living room and sat in the living room. The only people present upon their arrival were Tracy Summerall and a small child. Shortly thereafter the defendant, who is a close friend of Bubba Pailette, and Paul Temple arrived at the residence. Paul Temple went into the living room while defendant stayed in the kitchen.

Defendant, armed with a shotgun, ordered Oglesby into the kitchen and began fighting with him. The fight continued outside the residence where defendant forced Oglesby to his knees, tried to put the barrel of the shotgun into his mouth, and told Oglesby to leave town because he would never make it to trial against Bubba Pailette.

After the fight was over defendant went into the house and told Estess Worley to get Oglesby away from there. Before allowing Estess Worley to leave, defendant aimed the shotgun at Worley and stated, "Well, you didn't hear nothing ... you didn't see nothing ... and you'd better damn well not say nothing."

Oglesby and Worley left Temple's residence and traveled to a store where an attendant gave Oglesby ice to put on his busted lip. Oglesby reported the incident to the Ouachita Parish Sheriff's Department which began searching for defendant later that night. The investigating officer stated that Oglesby appeared to be scared, upset, and had abrasions and contusions on his face, neck, back and arms. Oglesby also had a bloody nose and lip.

On November 24, 1986, ten days after the incident, the police went to the home of Paul Temple after receiving information that defendant was there. Paul Temple refused to allow the police in and stated that defendant was not there. Several deputies remained at Temple's residence to observe the house, insuring that no one came to or left the premises while other officers procured a search warrant. Upon searching Temple's attic, deputies found defendant hiding behind a central heating unit, lying in pink insulation and covered with a pink blanket.

At trial defendant testified that he was not armed with a shotgun and was not retaliating against Oglesby for testifying, but got into a fight with Oglesby concerning Lisa Odom, a mutual girlfriend.

Defendant was found guilty of obstruction of justice as pertaining to Kevin Oglesby and attempted obstruction of justice as to Estess Worley.

Assignments of Error Nos. 1 and 2

Defendant through these assignments of error contends that (1) the state while utilizing circumstantial evidence did not exclude every reasonable hypothesis of innocence as required by LSA-R.S. 15:438, and (2) the trial court erred in finding the evidence sufficient to support proof beyond a reasonable doubt of each element of obstruction of justice.

*1217 LSA-R.S. 14:130.1 provides in pertinent part:

A. The crime of obstruction of justice is any of the following when committed with the knowledge that such act has, reasonably may, or will affect an actual or potential present, past, or future criminal proceeding as hereinafter described:
(1) ...
(2) Using or threatening force toward the person or property of another with the specific intent to:
(a) Influence the testimony of any person in any criminal proceeding;
(b) Cause or induce the withholding of testimony or withholding of records, documents, or other objects from any criminal proceeding; ...
(3) Retaliating against any witness, victim, juror, judge, party, attorney, or informant by knowingly engaging in any conduct which results in bodily injury to or damage to the property of any such person or the communication of threats to do so with the specific intent to retaliate against any person for:
(a) The attendance as a witness, juror, judge, attorney, or a party to any criminal proceeding or for producing evidence or testimony for use or potential use in any criminal proceeding,....

The constitutional standard of review for the sufficiency of evidence to support a conviction is whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found that the state proved the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Nealy, 450 So.2d 634 (La.1984). The Jackson standard is the objective standard for testing the overall evidence, direct and circumstantial, for reasonable doubt. State v. Wright, 445 So.2d 1198 (La.1984); State v. Sutton, 436 So.2d 471 (La.1983); State v. Eason, 460 So.2d 1139 (La.App. 2d Cir.1984) writ denied (463 So.2d 1317) (La. 1985). LSA-R.S. 15:438, which as to circumstantial evidence requires exclusion of every reasonable hypothesis of innocence in order to convict, provides an evidentiary guideline, emphasizes the need for careful observance of the Jackson standard, and provides a helpful methodology for its implementation in cases which hinge on the evaluation of circumstantial evidence. State v. Eason, supra.

Defendant was not convicted upon purely circumstantial evidence. The record reveals that upon direct evidence alone, viewed in the light most favorable to the prosecution, a rational juror could conclude that the essential elements of obstruction of justice were proven beyond a reasonable doubt.

The defendant admitted at trial that he knew Oglesby had testified against Bubba Pailette at the prior hearing and was turning state's evidence against him. Defendant admitted that the discussion and argument began when he asked Oglesby why he turned state's evidence on Bubba and told him that was a "sorry" thing to do.

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Bluebook (online)
521 So. 2d 1214, 1988 WL 16431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morris-lactapp-1988.