State v. Nash

821 So. 2d 678, 2002 WL 1300266
CourtLouisiana Court of Appeal
DecidedJune 14, 2002
Docket36,038-KA
StatusPublished
Cited by4 cases

This text of 821 So. 2d 678 (State v. Nash) 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. Nash, 821 So. 2d 678, 2002 WL 1300266 (La. Ct. App. 2002).

Opinion

821 So.2d 678 (2002)

STATE of Louisiana, Appellee
v.
Byron Rozell NASH, Appellant.

No. 36,038-KA.

Court of Appeal of Louisiana, Second Circuit.

June 14, 2002.

*680 J. Wilson Rambo, Louisiana Appellate Project, Monroe, for Appellant.

Richard Ieyoub, Attorney General, Robert W. Levy, District Attorney, Clifford R. Strider, III, Assistant District Attorney, for Appellee.

Before STEWART, GASKINS and DREW, JJ.

GASKINS, J.

Following a jury trial, the defendant, Byron Rozell Nash, was convicted of second degree murder. He received the mandatory sentence of life imprisonment without benefit of parole, probation or suspension of sentence. He appeals his conviction and sentence. We affirm.

FACTS

On the night of May 30, 1999, the partially-dressed body of 28-year-old Beverly Morgan was found in the trailer in which she had been living on Dunn Road, near Grambling, Louisiana. She was lying in a pool of blood on the kitchen floor. She had suffered numerous stab and slash wounds, many of them defensive wounds. The victim also had a large number of abrasions and contusions. Extensive injuries were present in the head area. The cord of a clock/radio was wrapped around the victim's neck. She had been killed by a slash wound to the neck that cut through her jugular vein and her larynx.

The trailer showed evidence of a violent and bloody fight between the victim and her attacker. Among other clues, the police discovered bloody boot prints in the carpet. Forensic examination revealed the defendant's bloody fingerprints on a metal folding chair with which the victim had apparently been struck several times. The defendant's DNA was also found in the bloodstains on the chair, commingled with that of the victim. Additionally, the defendant's bloody palm prints were found on a bamboo cane that also had blood and tissue on one end.

On June 25, 1999, law enforcement investigators questioned the defendant. Initially the defendant denied knowing the victim. He said that he had heard of her but the only residence on Dunn Road he had been inside belonged to a relative. Confronted with information that he had been in another Dunn Road residence, the defendant asserted that he had been in a friend's trailer the year before. When the police told him that they had information that he had been in the victim's trailer, he stated that he knew a prior occupant of the residence. When the police indicated that they knew he had been in the victim's trailer shortly before the victim's death, the defendant stated that he had been there two weeks prior to the murder to see the victim. (However, the victim was not living there two weeks before her death.) The defendant stated that he and the victim had sexual relations and that it was the last time he was in the residence. The investigators then informed the defendant that his bloody fingerprint placed him at the murder scene. However, the officers did not tell him exactly where in the trailer they found the fingerprint. The defendant then admitted that after his wife went to bed on the night of May 29th, he went to the victim's trailer. He stated that when the victim failed to answer his knock on the front door, he entered the trailer through an open back door and found the victim. She did not respond when he shook her, and he then fled out the back door. After the officers told him that the fingerprint was found on a chair, the defendant said he might have touched a chair but he did not say why. He indicated that a chair was the only thing he might have touched. He told the investigators that he was wearing tennis shoes that night.

*681 The defendant was arrested and charged with second degree murder. The police executed a search warrant at the defendant's home. They recovered a pair of Timberland boots. Examination of the boots indicated that they were consistent with the ones that created the bloody footprints at the murder scene; however, a positive identification could not be made.

In August 2001, the defendant was tried before a jury. His wife testified that on the night of May 29, 1999, she and the defendant returned home at 2 a.m. from an evening out. Although she went to bed, the defendant left their home twice. The first time he was gone for about 25 minutes; the second time he was gone for between an hour and 90 minutes. When the defendant returned the second time, she heard him knock on the back door. She unlocked the door. The defendant had blood on his face, hands and clothing. The pants he was wearing did not belong to him. He showered and put the clothes he was wearing in a bag. The next day, Mrs. Nash was present when the defendant threw the bloody clothing, including his Timberland boots, off a bridge into a body of water. According to her testimony, the defendant had two identical pairs of Timberland boots—the pair discarded from the bridge and the pair seized by the police.

A unanimous jury convicted the defendant of second degree murder. His motions for new trial and post verdict judgment of acquittal were denied. In September 2001, the trial court imposed the mandatory sentence of life imprisonment without benefits. In so doing, the trial court specifically found that the sentence was appropriate for the brutal and "heinous" murder committed by the defendant.

The defendant appealed. Defense counsel asserted four assignments of error, which present two basic arguments for review. The defendant filed five pro se supplemental assignments of error, which present three arguments.

SUFFICIENCY OF EVIDENCE

In three assignments of error filed by defense counsel, the defendant contests the sufficiency of the evidence presented to convict him of second degree murder. He argues that the evidence was circumstantial regarding his identity as the murderer and did not exclude every reasonable hypothesis of innocence.

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1.

Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), the proper standard of appellate review for a sufficiency of evidence claim is whether, 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 proven beyond a reasonable doubt. State v. Bellamy, 599 So.2d 326 (La.App. 2d Cir.1992), writ denied, 605 So.2d 1089 (La.1992); La. C.Cr.P. art. 821.

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of evidence in such cases must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant was guilty of every essential element of the crime. State v. Sutton, 436 So.2d *682 471 (La.1983); State v. Williams, 33,201 (La.App.2d Cir.5/15/00), 758 So.2d 1003, writ denied, XXXX-XXXX (La.4/27/01), 791 So.2d 111.

This court's authority to review questions of fact in a criminal case is limited to the sufficiency-of-the-evidence evaluation under Jackson v. Virginia, supra, and does not extend to credibility determinations made by the trier of fact. La. Const., art.

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Cite This Page — Counsel Stack

Bluebook (online)
821 So. 2d 678, 2002 WL 1300266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nash-lactapp-2002.