State v. Newton

562 So. 2d 978, 1990 La. App. LEXIS 1327, 1990 WL 69680
CourtLouisiana Court of Appeal
DecidedMay 23, 1990
DocketNo. CR 89-1055
StatusPublished
Cited by4 cases

This text of 562 So. 2d 978 (State v. Newton) 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. Newton, 562 So. 2d 978, 1990 La. App. LEXIS 1327, 1990 WL 69680 (La. Ct. App. 1990).

Opinion

DOUCET, Judge.

This is an appeal from a conviction of Attempted Second Degree Murder and Armed Robbery.

On November 4, 1988, the defendant, Lionel B. Newton, and a companion entered the office of Julia Dauzat. The defendant robbed, pistol-whipped and shot Ms. Dauzat in the head. Acting on a tip, the police found the defendant later that day at the home of a friend. The defendant was arrested. Two guns and the money taken in the robbery were recovered.

After being advised of his constitutional rights, the defendant confessed to robbing, beating and shooting Julia Dauzat. Both Ms. Dauzat and her secretary, who. was present at the robbery, identified the defendant as the person who had robbed, beaten [980]*980and shot Ms. Dauzat, both in photographic line-ups and in open court.

After a trial before a twelve person jury, the defendant was convicted of Armed Robbery, a violation of La.R.S. 14:64 and of Attempted Second Degree Murder, a violation of La.R.S. 14:27 and 14:30.1. The defendant was sentenced to serve fifty (50) years on the Armed Robbery charge, and twenty-five (25) years on the Attempted Second Degree Murder charge. The sentencing judge specified that the sentences were to run consecutively, and that the time was to be served without benefit of probation, parole, or suspension of sentence. The defendant appeals.

MEDICAL REPORT

By his first assignment of error the defendant alleges that the trial court erred in failing to grant his motion for continuance of trial where the State failed to provide him with a certain medical report.

On December 19, 1989, the defendant moved for discovery of, among other things, “physical or mental examinations, and scientific tests or experiments, made in connection with or material to this case that are in the possession, custody, control or knowledge of the District Attorney, and which are intended for use at trial.” He further requested “any and all exculpatory evidence within the possession, custody, control or knowledge of the State, ... whether or not such exculpatory evidence is intended for use at trial.”

On the day of the trial, counsel for the defendant received from the prosecuting attorney a medical report concerning the treatment of Ms. Dauzat for the gunshot wound received at the hands of the defendant. The report included a history of the incident as given by the victim to her doctor.

After receiving the report the defense moved to exclude the evidence on the basis that it should have been given to him in response to his discovery motion and that it contained exculpatory evidence which should have been provided to him even in the absence of a discovery motion. After hearing arguments the trial judge issued a ruling prohibiting the State from using the report. The judge limited the doctor’s testimony to the facts of what he saw and discovered in treating Ms. Dauzat. He stated that the Doctor would not be allowed to testify as to any scientific analysis of those facts. The judge then recessed court for forty-five minutes to allow the defense to review the medical reports so that he could explain to the court how he would be prejudiced by not having been supplied with it at an earlier time. After court was reconvened the defense moved to continue so that he could get an expert to review the evidence. The trial judge denied the motion stating that the defense failed to show the necessary prejudice to its case. We find that the trial judge ruled correctly in this matter.

La.C.Cr.P. art. 729.5 provides the sanctions available for violation of the discovery articles, as follows:

“A. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this Chapter or with an order issued pursuant to this Chapter, the court may order such party to permit the discovery or inspection, grant a continuance, order a mistrial on motion of the defendant, prohibit the party from introducing into evidence the subject matter not disclosed, or enter such other order, other than dismissal, as may be appropriate.”

The trial judge may select sanctions from among these options at his discretion. In order to obtain a reversal of his conviction based on a violation of the discovery articles, the defendant must show that he was prejudiced by the court’s adverse ruling on the sanction requested. State v. Arnaud, 412 So.2d 1013 (La.1982) and cases cited therein; State v. Laird, 548 So.2d 373 (La.App. 3rd Cir.1989). Our review of the record in this matter reveals no prejudice sustained by the defendant as a result of the trial judge’s refusal to continue the trial.

With regard to failure by the prosecution to provide allegedly exculpatory evidence, the Louisiana Supreme Court found [981]*981in State v. Johnson, 426 So.2d 95 (La.1983) at pages 98-99, that:

“Exculpatory evidence must be provided to the defense when it is material to guilt or punishment, regardless of the good faith or bad faith of the prosecutor. Brady v. Maryland, [373 U.S. 83] supra at 87, 83 S.Ct. [1194] at 1196 [10 L.Ed.2d 215 (1963) ]. In United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976), the United States Supreme Court delineated three tests of materiality, depending on the type of request presented by the defense to the prosecutor. This case falls under the third category of cases set forth in United States v. Agurs, since the request for information was for all Brady material. This court in State v. Willie, 410 So.2d 1019, 1031 (La.1982), discussed the analysis for this type of request when there is undisclosed evidence which may constitute Brady material.3 Reversible error results when the undisclosed evidence, considered in the context of the entire record, “creates a reasonable doubt that did not otherwise exist.” United States v. Agurs, supra 427 U.S. at 112-13, 96 S.Ct. at 2401-02.” (Footnote omitted.)

Considering the medical report in the context of the entire record, we find nothing in it which creates a reasonable doubt which did not otherwise exist. Therefore, this assignment of error is without merit.

SHACKLES

The defendant next argues that the trial court erred in failing to grant his motion for a mistrial because he was first brought into the courtroom wearing a prison uniform and shackles, and was later brought into court in street clothes and shackles.

La.C.Cr. Art. 775 provides in pertinent part that:

“... Upon motion of a defendant, a mistrial shall be ordered, and in a jury ease the jury dismissed, when prejudicial conduct in or outside the courtroom makes it impossible for the defendant to obtain a fair trial, or when authorized by Article 770 or 771.
A mistrial shall be ordered, and in a jury case the jury dismissed, when the state and the defendant jointly move for a mistrial.”

In interpreting this article the courts have held that it is within the discretion of the trial judge to make the decision whether alleged prejudicial conduct in or outside a courtroom makes it impossible for a defendant to obtain a fair trial so that a mistrial must be granted. State v. Smith, 433 So.2d 688 (La.1983): State v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Licona
141 So. 3d 333 (Louisiana Court of Appeal, 2014)
State v. Bradham
638 So. 2d 428 (Louisiana Court of Appeal, 1994)
State v. Brabham
638 So. 2d 428 (Louisiana Court of Appeal, 1994)
State v. Cleveland
630 So. 2d 1365 (Louisiana Court of Appeal, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
562 So. 2d 978, 1990 La. App. LEXIS 1327, 1990 WL 69680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-newton-lactapp-1990.