State v. Roche

341 So. 2d 348
CourtSupreme Court of Louisiana
DecidedDecember 13, 1976
Docket58192
StatusPublished
Cited by21 cases

This text of 341 So. 2d 348 (State v. Roche) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Roche, 341 So. 2d 348 (La. 1976).

Opinion

341 So.2d 348 (1976)

STATE of Louisiana
v.
Robert Morton ROCHE.

No. 58192.

Supreme Court of Louisiana.

December 13, 1976.
Rehearing Denied January 21, 1977.

*351 F. Irvin Dymond, Law Offices of Dymond & Crull, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Woodrow W. Erwin, Dist. Atty., Julian J. Rodrigue, Asst. Dist. Atty., for plaintiff-appellee.

SANDERS, Chief Justice.

Defendant, Robert Morton Roche, charged with inciting Rex Armistead to murder Gardener S. Adams, Jr., a violation of LSA-R.S. 14:28, was found guilty and sentenced to pay a fine and serve two years in the custody of the Louisiana Department of Corrections. On appeal to this Court, defendant relies upon eleven assignments of error for reversal of his conviction and sentence.

Defendant and the intended homicide victim were officials of the same bank. The State, in the trial court, sought to prove that defendant had suffered severe economic reverses and was in danger of losing his position as a senior vice-president of the bank. Further, the State sought to prove that defendant viewed the intended victim as a threat to his position at the bank. Thus, the State's theory of the case is that defendant planned to have Mr. Adams, Jr. killed in order to prevent, or, at the very least retard, his financial downfall.

ASSIGNMENT OF ERROR NO. 1

Defendant contends that the trial court erred in denying that portion of defendant's "Motion to Produce Exculpatory Evidence and All Evidence Affecting Credibility of the State's Witnesses" which sought evidence affecting the credibility of the State's witnesses.

The defense concedes that the trial judge's order of disclosure satisfies the requirements of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), in that the State was ordered to furnish to defendant any exculpatory evidence in its possession. However, the defense argues that it was entitled to the production of all police reports by the investigating officer made during the course of the investigation. These reports, the defense suggests, may have reflected upon the credibility of the investigating officer. The defense relies upon Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972). In that case, the testimony at the trial was to the effect that the government had not promised leniency to the main prosecuting witness. After conviction, the defense discovered that an Assistant United States Attorney had promised the witness that if he testified, he would not be prosecuted. The United States Supreme Court reversed the conviction and ordered a new trial. In view of the false testimony at the trial, the court found that the failure to disclose the promise of leniency was a denial of due process.

That case is factually and legally distinguishable. The Due Process Clause does not require that the State furnish the defendant a copy of all police reports concerning the crime. State v. Nero, La., 319 So.2d 303 (1975); State v. Lane, La., 302 So.2d 880 (1974); State v. Mattio, 212 La. 284, 31 So.2d 801 (1947).

Assignment of Error No. 1 is without merit.

ASSIGNMENT OF ERROR NO. 2

Defendant alleges that the trial court erred in permitting the State to provide transcripts to the jury of taped conversations. Further, he argues that allowing the introduction of the transcripts when only one of the stenographers testified to her transcription and that it was a verbatim transcript only to the best of her understanding was error. She stated that she could not transcribe some "words" because she was unable to understand them. She *352 testified that she had checked the entire transcript against the contents of the tapes.

We held in State v. Snedecor, La., 294 So.2d 207 (1974), that introducing transcripts, for the jury's convenience, with the tape recordings does not violate the best evidence rule.

The defendant argues, however, that even if the best evidence rule was not violated, the stenographer's designation in the transcript of the names of the parties was prejudicial error. This argument is likewise without merit. The tape recordings, themselves, were introduced in evidence. As the sound recordings were played in the courtroom, witnesses identified the voices.

Assignment of Error No. 2 is without merit.

ASSIGNMENTS OF ERROR NOS. 3 AND 4

Here defendant alleges that the trial court erred in allowing Rex Armistead, the undercover police officer who posed as the hired killer, and State Trooper Mickey Bryant to testify that they believed defendant was serious in his attempt to have Mr. Adams murdered.

Trooper Bryant testified:
"Q. What did you say the purpose of that meeting that afternoon was?
"A. The purpose, as far as our office was concerned, was to establish through this meeting if indeed there was a conspiracy on behalf of Mr. Roche to have someone killed, and the purpose of this meeting through this conversation we hoped to learn from Mr. Roche's statements if he indeed was serious in carrying out this threat that we had learned from Deputy Adams.
"Q. What decisions did you make after you listened to that conversation, sir?
"A. That there was indeed a threat.

* * * * * *

"Q. What decision did you reach after you listened to that taped conversation, Lieutenant Bryant?
"A. It left no doubt in my mind that there was indeed a purpose by Mr. Roche to have someone killed."
Mr. Armistead testified:
"Q. What was your agreement with Mr. Roche, sir?
"A. To take the life of Gardner Adams, Jr.
"Q. In return for what; which you were to receive, what, sir?
"A. Ten thousand dollars.
"Q. Was there any question in your mind that this man meant what he said, sir?
"A. None whatsoever."

Defendant alleges that this testimony includes the witnesses' opinions and is prohibited by LSA-R.S. 15:463, which provides:

"Except as otherwise provided in this Code, the witness can testify only as to facts within his knowledge, and neither as to any recital of facts heard by him, nor as to any impression or opinion that he may have."

We disagree. While it is well settled that a lay witness may not give opinion testimony, it is equally well settled that on subjects which any person of experience may make a natural inference from facts observed, a lay witness may testify as to such inference, provided he also states the facts observed. State v. Maines, 183 La. 499, 164 So. 321 (1935); State v. Willis, 181 La. 154, 158 So. 826 (1935). In our opinion, the present testimony is such a natural inference. See State v. Davalie, La., 313 So.2d 587, State v. Kirklin, La., 283 So.2d 713 (1973).

Both Bryant and Armistead testified fully regarding the meeting with defendant; they were subject to cross examination by defense counsel; the jury was provided with a tape recording of the incident to which Bryant testified; also, defendant asserted duress as a defense to the charge, thereby placing his emotional condition during the crime at issue.

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

Related

State v. Norah
131 So. 3d 172 (Louisiana Court of Appeal, 2013)
State v. Law
110 So. 3d 1271 (Louisiana Court of Appeal, 2013)
State of Louisiana v. Demarcus W. Law
Louisiana Court of Appeal, 2013
State v. Casey
775 So. 2d 1022 (Supreme Court of Louisiana, 2000)
State v. Jones
558 So. 2d 546 (Supreme Court of Louisiana, 1990)
State v. Kotwitz
549 So. 2d 351 (Louisiana Court of Appeal, 1989)
State v. Johnston
546 So. 2d 1231 (Louisiana Court of Appeal, 1989)
State v. Holland
544 So. 2d 461 (Louisiana Court of Appeal, 1989)
State v. Lapworth
517 So. 2d 485 (Louisiana Court of Appeal, 1987)
State v. Robins
499 So. 2d 94 (Louisiana Court of Appeal, 1986)
State v. Burdgess
434 So. 2d 1062 (Supreme Court of Louisiana, 1983)
State v. Terracina
430 So. 2d 64 (Supreme Court of Louisiana, 1983)
State v. Alexander
430 So. 2d 621 (Supreme Court of Louisiana, 1983)
State v. Hennigan
404 So. 2d 222 (Supreme Court of Louisiana, 1981)
State v. Prestridge
399 So. 2d 564 (Supreme Court of Louisiana, 1981)
State v. Adams
394 So. 2d 1204 (Supreme Court of Louisiana, 1981)
State v. Williamson
389 So. 2d 1328 (Supreme Court of Louisiana, 1980)
State v. Progue
350 So. 2d 1181 (Supreme Court of Louisiana, 1977)
State v. Monroe
345 So. 2d 1185 (Supreme Court of Louisiana, 1977)
State v. George
346 So. 2d 694 (Supreme Court of Louisiana, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
341 So. 2d 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roche-la-1976.