State v. Pierre

614 So. 2d 1309, 1993 WL 57537
CourtLouisiana Court of Appeal
DecidedMarch 3, 1993
DocketCR 92-921
StatusPublished
Cited by4 cases

This text of 614 So. 2d 1309 (State v. Pierre) 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. Pierre, 614 So. 2d 1309, 1993 WL 57537 (La. Ct. App. 1993).

Opinion

614 So.2d 1309 (1993)

STATE of Louisiana, Plaintiff-Appellee,
v.
Irvin PIERRE, Defendant-Appellant.

No. CR 92-921.

Court of Appeal of Louisiana, Third Circuit.

March 3, 1993.

*1310 Jerold Edward Knoll, Marksville, for State.

Dan B. McKay Jr., Bunkie, for Irvin Pierre.

Before DOUCET, YELVERTON and WOODARD, JJ.

DOUCET, Judge.

Defendant, Irvin Pierre, appeals a conviction for manslaughter and a sentence therefor of seven years at hard labor.

On January 21, 1986, thirteen-year-old Contrell Alexander, a Simmesport resident, *1311 was murdered. Alexander's grandmother reported him missing at 11:00 p.m. The next morning, Alexander's body was found in a ditch alongside "Old Highway 1" (now Highway 451) about one mile from the Simmesport corporate limits. The victim was found with a large gaping hole in the right side of his forehead. Bone, hair, and tissue fragments were found as much as twenty-five feet from the body. The authorities discovered an old fence post near the body containing blood, hair and tissue fragments. The cause of death was a severe bludgeoning to the head.

At trial, the State's star witness, Clifton Jones, recanted all his prior statements made during his plea agreement and during the trial of co-defendant, Michael Hill. Therefore, the State relied heavily on the testimony of a jailhouse informant, Robert Thomasie. Thomasie gained the confidence of defendant in the Avoyelles Parish Jail and learned of defendant's involvement in the offense. Thomasie testified that defendant admitted being with Clifton Jones, Michael Hill, and Barry Courtney in a van along with the victim, Contrell Alexander. Defendant told Thomasie that they were talking about molesting the boy and that two of them, Barry Courtney and Clifton Jones, went into a vacant house with the victim and returned with the victim wrapped in sheets. The victim was placed in the van and they began driving around. When they realized the victim was not yet dead because of his moans, they drove to a levee and took the victim out of the van. Defendant told Thomasie that "one had a tire tool and the other had a wooden object or post, or whatever, and they left with the little boy and came back without the little boy." Thomasie testified that defendant told him he was present and involved at the time of the killing.

Defendant was charged by bill of indictment on October 16, 1991, with the crime of second-degree murder, a violation of La. R.S. 14:30.1. The bill alleged that on January 21, 1986, defendant, along with Barry Courtney, Michael Hill, and Clifton Jones, Jr., killed Contrell L. Alexander, a thirteen-year-old child, with the specific intent to kill or inflict great bodily harm. At arraignment, the defendant entered a plea of not guilty and filed a motion for a speedy trial. The case was assigned for trial by jury on February 10, 1992. Later, trial was re-assigned for May 11, 1992. On February 18, 1992, defendant filed a motion for dismissal of prosecution on the basis of the unconstitutionality of La.R.S. 13:1570, and a motion for release from custody on the alleged grounds that he was denied a right to a speedy trial. The court denied both motions.

Defendant filed supervisory writs to the Third Circuit Court of Appeal complaining of the court's refusal to release him from custody due to the infringement of his right to a speedy trial. This Court denied the writ on March 17, 1992, finding that the State established just cause for delay. Defendant then applied for a supervisory writ to the Louisiana Supreme Court which was denied on April 20, 1992. The Court reserved defendant's right to re-apply if trial did not begin on its assigned date of May 11, 1992.

After denying defendant's motion to suppress the testimony of Clifton Jones, Jr., the trial commenced on May 11, 1992, and continued through May 14, 1992. The twelve person jury returned a unanimous verdict of guilty of manslaughter. On May 26, 1992, the court denied defendant's motion for post verdict judgment of acquittal and on June 23, 1992, denied his motion for a new trial. On June 26, 1992, defendant was sentenced to serve seven years imprisonment.

From this conviction and sentence, defendant appeals assigning thirteen assignments of error. One of these assignments of error was abandoned by the defendant and will not be considered.

CONSTITUTIONALITY OF LA. R.S. 13:1570

Defendant first alleges that La. R.S. 13:1570 is invalid and unconstitutional in that it fails to provide for a preliminary hearing at which the issue of whether defendant was mature and responsible enough to be tried and punished as an adult would have been considered. Defendant *1312 further alleges that the trial court erred in denying his motion for dismissal of prosecution and for release from custody invoking the court's juvenile jurisdiction, based on the unconstitutionality of La.R.S. 13:1570.

This same issue was addressed by this court in State v. Gachot, 609 So.2d 269 (La.App. 3 Cir.1992). The Gachot court held that:

".... As of January 1, 1992, the new Children's Code became effective, and the substantive provisions of La.R.S. 13:1570 were incorporated into Children's Code article 305. See official comments to Ch. Code Art. 305."

In the present case, defendant was indicted on October 16, 1991, at a time when La.R.S. 13:1570 (1984) provided:

Except as otherwise provided herein, the court shall have exclusive original jurisdiction in proceedings:
A. Concerning any child whose domicile is within the parish or who is found within the parish:

* * * * * *

(5) Who violates any law or ordinance, except a child who, after having become fifteen years of age or older is charged with having committed first degree murder, second degree murder, manslaughter, aggravated rape, or a person who, after becoming sixteen years of age or older is charged with having committed armed robbery, aggravated burglary, or aggravated kidnapping. Once such a child has been charged with having committed any offense listed in this Paragraph, the district court shall:

This court held in Gachot that La.R.S. 13:1570 was constitutional. See also State v. Perique, 439 So.2d 1060 (La.1983). Since the defendant was over 15 years old at the time of the alleged offense and was charged with second-degree murder, we find no merit in defendant's arguments.

TESTIMONY OF CLIFTON JONES

Defendant next alleges that the trial court erred in allowing Clifton Jones, Jr. to testify as a witness on behalf of the State and in allowing the State to impeach Jones once it became aware he was a hostile witness.

Initially, defendant alleges the trial court erred in overruling defendant's motion to disqualify Jones as a witness. The basis for this argument centers around the plea agreement which, defendant asserts, required Jones to give testimony at trial in conformity with his (Jones') plea bargain statement under penalty of having the plea agreement revoked. Defendant argues this is impermissible because it places the District Attorney in the position of fact finder rather than the jury, in that he decreed, prior to trial, that the plea bargain statement was true and that Jones must give conforming testimony or otherwise face serious consequences. Although defendant concedes it is permissible to require truthful testimony as part of a plea bargain, defendant objects to the requirement of giving specific

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Related

State v. Dyson
222 So. 3d 220 (Louisiana Court of Appeal, 2017)
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686 So. 2d 149 (Louisiana Court of Appeal, 1996)
State in Interest of AL
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State v. Pierre
631 So. 2d 427 (Supreme Court of Louisiana, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
614 So. 2d 1309, 1993 WL 57537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pierre-lactapp-1993.