State v. Rose

606 So. 2d 845, 1992 WL 233179
CourtLouisiana Court of Appeal
DecidedSeptember 23, 1992
Docket24040-KA
StatusPublished
Cited by47 cases

This text of 606 So. 2d 845 (State v. Rose) 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. Rose, 606 So. 2d 845, 1992 WL 233179 (La. Ct. App. 1992).

Opinion

606 So.2d 845 (1992)

STATE of Louisiana, Plaintiff-Appellee,
v.
Rachel D. ROSE, Defendant-Appellant.

No. 24040-KA.

Court of Appeal of Louisiana, Second Circuit.

September 23, 1992.

*846 Jack H. Kaplan, for defendant-appellant.

Richard Ieyoub, Atty. Gen., Paul J. Carmouche, Dist. Atty., W. Stanley Lockard, Asst. Dist. Atty., for plaintiff-appellee.

Before NORRIS, LINDSAY and STEWART, JJ.

NORRIS, Judge.

Rachael D. Rose appeals her conviction, by unanimous jury verdict, for second degree murder and the mandatory life sentence imposed. La.R.S. 14:30.1. We find no merit in her eight assignments of error and thus affirm the conviction and sentence.

FACTS

On the evening of October 27, 1990, Rachael Rose ran into Tom Demery, a longtime *847 acquaintance, in the parking lot of a grocery store in Shreveport. According to Ms. Rose, Demery asked her for money; when she refused, he struck her on the chin. She then left and went to The Ebony Club, where she got drunk on beer and whiskey. By about 11:00 p.m. she left the club and went to an area by the Municipal Auditorium for "business." Ms. Rose is a prostitute. That night, she had sex with five customers at $20 apiece; after each job, she bought and shot up cocaine.

Sometime around 6:00 a.m. the next morning (Sunday, October 28), Ms. Rose went home but found herself too high to sleep. Around 7:00 a.m. she returned to The Ebony Club, intending to get a bottle of wine from a "bootlegger." She again ran into Demery standing outside the club. He apologized for hitting her the night before and offered to chip in on her wine purchase. She invited him to accompany her to the house of Ellison Washington, an elderly friend of hers and potential fiancé. On the way there they ran into Washington, who told them to go on to the house and he would meet them there after he got his breakfast. Ms. Rose and Demery bought a fifth of Thunderbird and proceeded to Washington's house.

Once there Ms. Rose and Demery drank wine and played cards. A few minutes later Washington's next-door neighbor, Pauline Copeland, came over. She often stopped by to look in on Washington, who was suffering with lung cancer. Washington came back from breakfast but did not join the card game; only Ms. Rose and Demery were playing. According to Ms. Copeland, Demery got "staggering drunk" while Ms. Rose was still "coherent." Ms. Rose, however, testified she was drunk and still high from all the cocaine. She won 75¢ from Demery, which angered him. The incident really began, however, when Demery made a rude comment about Ms. Copeland's appearance.

According to Ms. Copeland, Demery and Ms. Rose talked back and forth to each other but Demery was too drunk to challenge her. Nevertheless Ms. Rose reached over the table, grabbed him by the collar and lifted him up. Ms. Copeland spotted a butcher knife stuck in the back of Ms. Rose's pants; she came up behind, pulled it out and laid it on the table. Ms. Rose pushed Demery toward the door and shoved him out, first reaching for the butcher knife. She continued to shove him off the porch and into the front yard. Demery was very drunk and offered no resistance; he had never even threatened Ms. Rose. In the front yard Ms. Rose grabbed his collar again and cut him in the face with the knife. He begged her, "Don't hit me any more." Ms. Rose promptly stabbed him twice in the chest, and Ms. Copeland and Ellison Washington came to wrest the knife from her. Demery stumbled off toward Doctor's Hospital while Ms. Rose went back inside, changed her clothes and left the scene.

Ms. Rose testified that she asked him to leave after he insulted Ms. Copeland. He did not leave, and grew abusive, cursing at her, pushing and striking her in the chest. Ms. Rose testified they were actually fighting inside the house, which Ms. Copeland denied. According to Ms. Rose, Demery went to the door but kept "clowning" with her in an unfriendly way. He left, but for some reason she could not explain, Ms. Rose followed him outside and the fight resumed. Ms. Rose testified that even though he was leaving, he threatened that he would "be back," so she pulled the butcher knife out of her pants and cut him in the face. Ms. Rose claimed not to remember stabbing him in the chest, though she admitted that Washington and Ms. Copeland finally got the knife away from her.

According to Ms. Copeland, Demery staggered away and made it about a half block before he fell over to the sidewalk. At 9:57 a.m., the police were notified; they discovered Demery on the sidewalk and took him to the hospital.

Witnesses at the scene told police that Ms. Rose was involved in the stabbing. She was picked up and gave officers a fictitious name, Marry Williams; however, Ms. Copeland identified her as Rachael Rose. She was charged with attempted *848 second degree murder. Shortly thereafter, at the police station, the charge was upgraded when police learned that Demery had died at the hospital.

The grand jury returned an indictment for second degree murder on December 14, 1990. After jury trial in November 1991, Ms. Rose was found guilty as charged and sentenced to life imprisonment. This appeal followed.

DISCUSSION

I. Motion to suppress defendant's statement

In her first assignment, Ms. Rose urges that the trial court erred in failing to suppress the statement she made to Detective Don Ashley some two hours after her arrest on the day of the murder. She claims that the alcohol and cocaine she had consumed rendered her incapable of giving a free and voluntary statement.

Before a confession may be introduced into evidence, the state has the burden of affirmatively proving that it is the product of a free and voluntary choice. La.C.Cr.P. art. 703 D; La.R.S. 15:451; State v. Simmons, 443 So.2d 512 (La.1983); State v. King, 573 So.2d 604 (La.App. 2d Cir.1991). Where an accused makes a confession during custodial interrogation, the state must also establish that the police advised him of his Miranda rights. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); Simmons, supra; King, supra.

Where the free and voluntary nature of a confession is challenged on the ground of a defendant's intoxication at the time of the interrogation, the confession will be rendered inadmissible only when the intoxication is of such a degree as to negate the defendant's comprehension and to render him unaware of the consequences of what he is saying. Whether intoxication exists and is of a degree sufficient to vitiate the voluntariness of the confession are questions of fact. The admissibility of a confession is in the first instance a question for the trial judge. His conclusions on the credibility and weight of the testimony relating to the voluntariness of the confession will not be overturned unless they are not supported by the evidence. Simmons, supra, and citations therein; King, supra.

Only Detective Ashley testified at the suppression hearing. He stated that Ms. Rose gave an unrecorded interview at 12:31 p.m. on the day of the murder, stating that she knew the victim, had seen him the night before, and had run into him again that morning and invited him to go with her to Washington's house. The two played cards and drank together until she won some money from him; he became verbally abusive. They then went outside Washington's home, where Demery became very upset. Ms.

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Bluebook (online)
606 So. 2d 845, 1992 WL 233179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rose-lactapp-1992.