State v. Sampay

532 So. 2d 384, 1988 La. App. LEXIS 2011, 1988 WL 103203
CourtLouisiana Court of Appeal
DecidedOctober 5, 1988
DocketNo. CR88-254
StatusPublished

This text of 532 So. 2d 384 (State v. Sampay) 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. Sampay, 532 So. 2d 384, 1988 La. App. LEXIS 2011, 1988 WL 103203 (La. Ct. App. 1988).

Opinion

DOUCET, Judge.

Defendant, Ray Anthony Sampay, was indicted by a grand jury for first degree murder. By unanimous vote, a jury of twelve found defendant guilty as charged. The result of the sentencing phase of trial was the jury’s recommendation of life imprisonment. On appeal, defendant alleges three assignments of error. However, assignment of error number three was not briefed, therefore, it is considered abandoned. State v. Dewey, 408 So.2d 1255 (La.1982); State v. Johnson, 438 So.2d 1295 (La.App. 3rd Cir.1983).

FACTS:

The victim, Patrick Boutte, Sr., was last seen alive on May 1, 1986, in the company of defendant and defendant’s half-brother, Jeffery White. When the victim failed to show up to drive his brother’s school bus route on the morning of May 1, 1986, the victim’s brother became concerned and attempted to contact the victim by phone and by visiting the victim’s residence. Unsuccessful in his attempt to locate the victim, the victim’s brother notified the police that the victim was missing.

Defendant was suspected of being involved in an automobile accident on May 2, 1986. As a result of his involvement in the accident, defendant was suspected of being involved in the disappearance of the victim. Defendant was placed under arrest for hit and run and taken to the station for questioning. Subsequent to giving a statement regarding the disappearance of the victim, defendant assisted the police in locating the body of the victim. Defendant was then indicted by the Iberia Parish Grand Jury for first degree murder.

ASSIGNMENT OF ERROR NUMBER 1:

Defendant’s first assignment of error alleges the trial judge erred in allowing the introduction of the State’s Exhibits Nos. 1, 17 and 18 as the prejudicial effect outweighed their probative value. With respect to State’s Exhibit No. 1, defendant’s contention is without merit because the exhibit was admitted into evidence without objection. La.C.Cr.P. art. 841 provides, in pertinent part, “An irregularity or error cannot be availed of after verdict unless it was objected to at the time of occurrence.”

In State v. Clement, 368 So.2d 1037 (La. 1979), the court stated:

“... our review of the record reveals that no objection was made by defense counsel contemporaneously with the questioning now assigned as error. La. Code Crim.P. art. 841 provides, and this court has consistently held, that an irregularity or error in the proceedings cannot be availed of after verdict unless it is objected to at the time of its occurrence. ... Hence, this issue is not properly before us.”

State v. Segura, 464 So.2d 1116 (La.App. 3rd Cir.1985) writ denied, 468 So.2d 1203 (La.1985), also stands for the proposition that absent a contemporaneous objection, [386]*386irregularities cannot be complained of on appeal.

State’s Exhibit 17 depicts the victim’s hands which are tied with wire and the victim’s chest which was crushed apparently by the wheels of a car. The victim’s feet bound by wire are depicted in State’s Exhibit 18. “Photographs of the victim’s body are generally relevant to prove corpus delicti; to corroborate other evidence of the manner in which death occurred; to establish the location, severity and number of wounds; to establish the identity of the victim.” State v. Edwards, 406 So.2d 1331 (La.1981); cert. den. 456 U.S. 945, 102 S.Ct. 2011, 72 L.Ed.2d 467 (1982). If the probative value of the photograph outweighs its inflammatory or prejudicial effect, the photograph is admissible. State v. Huntley, 418 So.2d 538 (La.1982); dissenting opinion, 425 So.2d 766 (La.1983); cert. den. 459 U.S. 1112, 103 S.Ct. 744, 74 L.Ed.2d 964 (1983). “A trial court’s ruling with respect to the admissibility of allegedly gruesome photographs will only be disturbed if the prejudicial effect of the photographs clearly outweighs their probative value.” State v. Tonubbee, 420 So.2d 126 (La.1982), cert. den. 460 U.S. 1081, 103 S.Ct. 1768, 76 L.Ed.2d 342 (1983); reh. den. 462 U.S. 1146, 103 S.Ct. 3132, 77 L.Ed.2d 1381 (1983).

State’s Exhibit No. 17, which depicts the victim’s bound hands and his chest, is probative to prove cause of death and corpus delicti. The photograph is probative to prove cause of death because the defendant stated the victim was run over three times with his car, the doctor testified the trauma to the chest could have been inflicted by the tires of a car, and the doctor stated the primary cause of death was the rupture of the heart when the chest was crushed.

State’s Exhibit No. 18 as well as State’s Exhibit No. 17 are probative to corroborate other evidence of the manner in which death occurred. In arguing at trial for the admissibility of the photographs, the state contended the photographs depicting the bound hands and feet of the victim were relevant to prove he “was murdered because he was tied and helpless in that position when the killing took place.” In other words, the photographs of the victim’s bound hands and feet corroborate that he was murdered.

The photographs should not even be classified as gruesome. Even if they were considered gruesome it cannot be said that the prejudicial effect clearly outweighs their probative value. Therefore, the trial judge’s ruling should not be disturbed on appeal and this assignment of error lacks merit.

ASSIGNMENT OF ERROR NUMBER 2:

Defendant contends the evidence presented at trial is insufficient to support the jury’s verdict of guilty of first degree murder. The standard of review applicable to sufficiency questions is whether the evidence, viewed in a light most favorable to the prosecution, reasonably supports the verdict. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

The majority of the evidence relating to the sequence of events beginning on April 30,1986, and resulting in the victim’s death was provided by the defendant’s statement to police. On April 30,1986, defendant and Jeffery White rode with Ronald Jackson and Beverly Clay to the Checkmate Lounge where a crawfish boil was being held. While at the lounge, defendant and Jeffery White saw Patrick Boutte and began talking with him. The three, defendant, Jeffery, and Patrick, left the lounge, visited a convenience store, and purchased some liquor.

After consuming the liquor while parked in the lot of the convenience store, Jeffery made the suggestion that the three go to Patrick’s house. Defendant was accustomed to spending the night with Patrick as he had slept with him often, however, defendant did not want Jeffery to accompany them to Patrick’s. Instead of going to Patrick’s, the three returned to the same convenience store about 12:30 a.m. in Patrick’s car and purchased more liquor. Apparently against Patrick’s and defendant’s wishes, Jeffery accompanied them to Patrick’s house.

Initially, the three watched pornographic movies without incident. According to de[387]*387fendant, Jeffery then stated he was going to kill Patrick and pulled out a knife.

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
State v. Edwards
406 So. 2d 1331 (Supreme Court of Louisiana, 1981)
State v. Segura
464 So. 2d 1116 (Louisiana Court of Appeal, 1985)
State v. Klar
400 So. 2d 610 (Supreme Court of Louisiana, 1981)
State v. Huntley
418 So. 2d 538 (Supreme Court of Louisiana, 1982)
State v. Tonubbee
420 So. 2d 126 (Supreme Court of Louisiana, 1982)
State v. Clement
368 So. 2d 1037 (Supreme Court of Louisiana, 1979)
State v. Johnson
438 So. 2d 1295 (Louisiana Court of Appeal, 1983)
State v. Dewey
408 So. 2d 1255 (Supreme Court of Louisiana, 1982)
State v. Huntley
425 So. 2d 766 (Supreme Court of Louisiana, 1983)
Edwards v. Louisiana
456 U.S. 945 (Supreme Court, 1982)
Huntley v. Louisiana
459 U.S. 1112 (Supreme Court, 1983)
Marvin v. United States
460 U.S. 1081 (Supreme Court, 1983)
Tonubbee v. Louisiana
462 U.S. 1146 (Supreme Court, 1983)

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Bluebook (online)
532 So. 2d 384, 1988 La. App. LEXIS 2011, 1988 WL 103203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sampay-lactapp-1988.