State v. Robinson

817 So. 2d 1131, 2002 WL 1001055
Supreme Court of Louisiana·Decided May 17, 2002·No. 2001-K-0273·Published·Cited by 84 cases

Opinion

817 So.2d 1131 (2002)

STATE of Louisiana
v.
Darian ROBINSON.

No. 2001-K-0273.

Supreme Court of Louisiana.

May 17, 2002.

*1132 Edward K. Bauman, Lake Charles, Counsel for Applicant.

Richard P. Ieyoub, Attorney General, Harry F. Connick, District Attorney, Scott D. Peebles, Counsel for Respondent.

WEIMER, Justice.

We granted a writ in this case to determine whether the defendant was denied his constitutional right to confront a witness who testified against him. After reviewing the record and the applicable law, we hold that the trial court deprived the defendant of his right to confrontation by improperly restricting cross-examination of the witness and that the error was not harmless. Accordingly, we reverse the defendant's conviction and remand this case to the trial court for a new trial.

FACTS AND PROCEDURAL HISTORY

On June 3, 1998, at approximately 9:00 p.m., Officers Rhett Charles and Joe Tallant of the New Orleans Police Department were on routine patrol when they turned the corner from Columbus Street onto the 1500 block of North Robertson Street and observed two males engaged in an argument. One of the men, later identified as James Williams, approached the marked police vehicle. He reported that the defendant had been selling narcotics in front of his apartment building at 1532 North Robertson. Mr. Williams was extremely agitated and very angry, shouting to the officers that he wanted the defendant away from his property. The officers separated the two men, with Officer Charles accompanying Mr. Williams *1133 and Officer Tallant taking control of defendant.

Officer Tallant removed the defendant to the passenger side of the police car and patted him down. He found $120.00 in cash on defendant's person, which he returned to the defendant while he checked defendant's I.D. for outstanding warrants. In the meantime, Mr. Williams told Officer Charles where he could find defendant's drugs. Pursuant to Mr. Williams' instructions, Officer Charles climbed onto a railing and reached into the gutter above Mr. Williams' front door from which he retrieved a cigarette paper containing several pieces of a rock-like substance. When Officer Charles showed Officer Tallant what he had found, the defendant fled, leaving his I.D. behind. The officers obtained a warrant for defendant's arrest based on information contained in defendant's I.D., which indicated that he lived in the 1500 block of North Robertson, only four or five houses away from the apartment complex.

Defendant was subsequently arrested and charged by bill of information with possession of cocaine with the intent to distribute. Waiving his right to a jury trial, defendant proceeded to trial before the district judge.

The State called three witnesses to testify against defendant at trial: Officer Charles, Officer Tallant, and Mr. Williams. The two police officers testified about events leading up to their arrest of defendant. For his part, Mr. Williams denied flagging down the police officers on the evening of June 3, 1998, but did testify that he asked the officers to get defendant away from his front door because defendant was trespassing. According to Mr. Williams, he was angry because the defendant was selling drugs from Williams' front porch. While Mr. Williams acknowledged that he showed the officers where defendant hid his drugs and that he knew where they were because he had seen defendant put them there, he later testified that he did not know if defendant was selling drugs from that location. He explained that he was nervous about testifying because there had been threats on his life.

Defendant took the stand and testified on his own behalf. He denied that the crack cocaine found in the gutter belonged to him. He testified that he knows Mr. Williams from the neighborhood, knows that Mr. Williams has a "problem," and that Mr. Williams just "clicked out" on him. He denied having threatened Mr. Williams or having directed others to threaten him. He explained that he fled when the police discovered the cocaine because he did not want to be charged with a crime he had not committed.

Following the close of testimony, defendant was found guilty as charged. After defendant waived all delays and requested immediate sentencing, the trial judge sentenced defendant to seven and a half years at hard labor. Defendant appealed, and the court of appeal affirmed his conviction and sentence. See State v. Robinson, 99-2236 (La.App. 4 Cir. 11/29/00), 772 So.2d 966 (Plotkin, J., dissenting). This court granted certiorari to address defendant's contention that he was denied his constitutional right to confrontation by the trial court's ruling limiting his cross-examination of key prosecution witness, James Williams.

DISCUSSION

In his sole assignment of error, the defendant complains that the trial court erred by refusing to allow defense counsel to cross-examine the state's witness, Mr. Williams, regarding his history of mental problems.

Mr. Williams, the complainant, was called to testify as a witness for the prosecution. On direct examination, he testified *1134 to the events transpiring on the evening of June 3, 1998. Much of his testimony appears defensive, confused and at times, nonsensical.[1] On cross-examination, the defense sought to impeach Mr. Williams' credibility by inquiring into his mental state. The following exchange occurred:

DEFENSE: Sir, do you receive disability assistance at this time?
STATE: Objection, Your Honor.
WITNESS: I'm invoking the Fifth Amendment.[2]
DEFENSE: Judge, I need to ask this question.
COURT: I need you to not ask him any of his personal business.
DEFENSE: Judge, then I need to put something in the record outside, or approach the bench or something. This is a crucial; a crucial point in this case.
COURT: I will allow you to put anything you want on the record; but not ask him that question.

Later, outside the presence of the witness, defense counsel explained that he believed that the witness was suffering from a mental disability for which he was receiving disability benefits, and that he wished to question him regarding that disability because "this witnesses' [sic] disability particularly pertaining to a mental condition are [sic] as important as the ability to see and the ability to hear." Defense counsel stated that while it was not his intention to embarrass or cause harm to the witness, the Sixth Amendment to the United States Constitution guarantees an accused the right to cross-examine the witnesses against him. Counsel explained:

And in that regard I wanted to present the following questions to him. Number One: If in fact he is receiving government disability on which he took the Fifth Amendment. Second of all; let me find out exactly what is the basis on which he is receiving government disability, which I believe will result in the fact that it is a psychological disability which, is an impairment which hinders his ability to be a witness, to testify and effectively come forward and bring the testimony on Direct that he is bringing on my client, and bring it on to an effective cross-examination.
In furtherance of that, I wanted to determine the exact disability and if there were any medication on which he is [sic]. And furthermore, if there were any medications which he were [sic] required should be st

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State v. Robinson, 817 So. 2d 1131, 2002 WL 1001055 (La. 2002).

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