State v. Ruffin

572 So. 2d 232, 1990 WL 180101
CourtLouisiana Court of Appeal
DecidedNovember 14, 1990
DocketKA 89 2010
StatusPublished
Cited by6 cases

This text of 572 So. 2d 232 (State v. Ruffin) 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. Ruffin, 572 So. 2d 232, 1990 WL 180101 (La. Ct. App. 1990).

Opinion

572 So.2d 232 (1990)

STATE of Louisiana
v.
Naquel D. RUFFIN.

No. KA 89 2010.

Court of Appeal of Louisiana, First Circuit.

November 14, 1990.
Writ Denied March 1, 1991.

*233 Bryan Bush, Dist. Atty. by Mike Erwin, Asst. Dist. Atty., Office of Dist. Atty., Baton Rouge, for plaintiff-appellee.

Office of Public Defender, Baton Rouge, for defendant-appellant.

Before COVINGTON, C.J., LANIER, J., and VIAL LEMMON[*], J. Pro Tem.

*234 LANIER, Judge.

The defendant, Naquel D. Ruffin, was charged by grand jury indictment with first degree murder, in violation of La.R.S. 14:30. He pled not guilty and, after trial by jury, was found guilty as charged. He received a sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. This appeal followed.

FACTS

In December of 1987, Thomas Gallagher, a U.S. Post Office employee, was arrested and charged with possession of marijuana and possession of cocaine with intent to distribute. In June of 1988, U.S. Postal Inspectors Paul Krug and Garry Johnson contacted Gallagher and asked if he would cooperate in a joint investigation by postal inspectors and the East Baton Rouge Parish Sheriff's Office into the sale of drugs among postal employees. Gallagher agreed.

Subsequently, Antoine Thomas, a postal employee, contacted Gallagher and asked if Gallagher wished to buy cocaine. Gallagher and Postal Inspector Johnson arranged to meet Thomas on November 21, 1988, at the Holiday Inn on Siegen Lane in East Baton Rouge Parish, Louisiana, to purchase nine ounces of cocaine from Thomas for $8,500. The location for the cocaine transaction was later changed to the Best Western Inn on Airline Highway.

At approximately 4:30 p.m. on November 21, Thomas arrived at the Best Western Inn accompanied by Frederick Moore and the defendant. Moore and the defendant entered Room 331, where Gallagher and Johnson were waiting, while Thomas remained outside. Inside an adjoining room (Room 332), several sheriff's deputies and other law enforcement personnel monitored the conversation among Gallagher, Johnson, Moore, and the defendant through the use of an electronic transmitter. Moore and the defendant stalled, explaining that the man with the cocaine was apprehensive and did not want to enter the room. Instead, they offered to take the money outside and return to the hotel room with the cocaine. Gallagher and Johnson did not agree to this arrangement. They acted as if they were in a hurry to buy the cocaine and even produced the cash to show their readiness to deal.

During the conversation, the defendant produced a pistol. When it became apparent that Moore and the defendant intended to rob Gallagher and Johnson, a decision was made by the surveillance team in Room 332 to abort the operation and enter Room 331. Immediately thereafter, Deputy Gerald Simmons kicked in the door and burst into Room 331. The defendant immediately turned and fired a single shot, which struck Deputy Simmons in the face. Simultaneously, Gallagher and Johnson jumped on the floor for cover. Sergeant Charles Byrne and Corporal Terry Felton, the two deputies standing behind Deputy Simmons, immediately returned fire at the defendant, who also dove into a corner for cover. When the shooting stopped, Moore and the defendant were apprehended. Deputy Simmons died several hours later as a result of this single gunshot to his head.

JUROR CHALLENGE FOR CAUSE

(Assignment of error 2)[1]

The defendant contends that the trial court erred in granting the State's challenge for cause of a prospective juror. Specifically, he contends that prospective juror, Joynicee Henderson, was erroneously challenged for cause because of her alleged opposition to the death penalty. La. C.Cr.P. art. 798(2); Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968).

This erroneous allowance to the State of a challenge for cause does not afford the defendant a ground for complaint, *235 unless the effect of such a ruling is the exercise by the State of more peremptory challenges than it is entitled to by law. La.C.Cr.P. art. 800(B); State v. James, 431 So.2d 399, 403 (La.1983). Because the instant offense was a first degree murder prosecution, the State was allowed twelve peremptory challenges. La.C.Cr.P. art. 799. The record reflects that the State exercised only seven of those challenges. Therefore, the defendant may not complain of alleged trial court error in granting this challenge for cause. Furthermore, the defendant did not receive the death sentence in this case and, therefore, has no valid Witherspoon complaint. State v. Edwards, 406 So.2d 1331, 1346 (La.1981); State v. Faulkner, 447 So.2d 1139, 1143 (La.App. 1st Cir.), writ denied, 449 So.2d 1345 (La.1984).

This assignment of error is without merit.

REHABILITATION ON A CHALLENGE FOR CAUSE

(Assignment of error 4)

The defendant contends that the trial court erred in denying his challenge for cause of Joy Evans, a prospective juror.

La.C.Cr.P. art. 797 provides, in pertinent part:

The state or the defendant may challenge a juror for cause on the ground that:
. . . . .
(2) The juror is not impartial, whatever the cause of his partiality. An opinion or impression as to the guilt or innocence of the defendant shall not of itself be sufficient ground of challenge to a juror, if he declares, and the court is satisfied, that he can render an impartial verdict according to the law and the evidence;
. . . . .
(4) The juror will not accept the law as given to him by the court; ...

The trial court is vested with broad discretion in ruling on a challenge for cause, and his ruling will not be disturbed on appeal absent a showing of abuse of discretion. State v. Valentine, 464 So.2d 1091, 1095 (La.App. 1st Cir.), writ denied, 468 So.2d 572 (La.1985). In evaluating the fairness of a trial court ruling on voir dire, the entire examination must be considered. State v. Williams, 458 So.2d 1315, 1335 (La.App. 1st Cir.1984), writ denied, 463 So.2d 1317 (La.1985).

The defendant contends that the trial court erred in denying his challenge for cause of prospective juror, Joy Evans, based on her responses during voir dire examination. Specifically, he refers to her initial response indicating that she had a problem with the defendant's possible decision to not take the stand and her responses that she would automatically vote for the death penalty if the defendant were found guilty. However, the defendant fails to note that Ms. Evans was successfully rehabilitated on both points. Concerning the defendant's right to remain silent, Ms. Evans assured the trial court that she could set aside her personal feelings and apply the trial court's instructions. After examination by the trial court and defense counsel, she indicated that she would not automatically vote for the death penalty; instead, she stated that she would follow the trial court's instructions during the death penalty phase of the case.

Where a prospective juror has voiced an opinion seemingly prejudicial to the defense but, upon further inquiry or instruction by the court, demonstrates a willingness and ability to decide the case impartially according to the law and the evidence, a challenge for cause is properly denied. State v. Collins,

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Related

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State v. Williams
842 So. 2d 1143 (Louisiana Court of Appeal, 2003)
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834 So. 2d 974 (Supreme Court of Louisiana, 2002)
State v. Tyler
619 So. 2d 807 (Louisiana Court of Appeal, 1993)
State v. Ross
604 So. 2d 1036 (Louisiana Court of Appeal, 1992)
State v. Ruffin
576 So. 2d 26 (Supreme Court of Louisiana, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
572 So. 2d 232, 1990 WL 180101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ruffin-lactapp-1990.