State v. Schrader

506 So. 2d 866, 1987 La. App. LEXIS 9376
CourtLouisiana Court of Appeal
DecidedApril 14, 1987
DocketNo. 86 KA 1194
StatusPublished
Cited by4 cases

This text of 506 So. 2d 866 (State v. Schrader) 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. Schrader, 506 So. 2d 866, 1987 La. App. LEXIS 9376 (La. Ct. App. 1987).

Opinion

SAVOIE, Judge.

William F. Schrader was charged by grand jury indictment with the first degree murder of Catherine Marie Smith, in violation of LSA-R.S. 14:30. The homicide occurred on October 31, 1970. Prior to trial on the merits, the state amended the indictment to charge defendant with murder because at the time of the instant offense the Louisiana Criminal Code provided only one grade of murder.1 Defendant pled not guilty. Following jury trial, he was convicted of the responsive offense of manslaughter. The trial court sentenced defendant to a twenty-one year term of imprisonment at hard labor.

Defendant now appeal his conviction and sentence, urging the following assignments of error:

1. The trial court erred by denying defendant’s motion to suppress.

2. The trial court erred by denying defendant’s motion to quash.

[869]*8693.The trial court erred by denying defendant’s motion for bail in a capital case.

4. The trial court erred by allowing the state to amend its answer to the bill of particulars on the morning of trial.

5. The trial court erred by denying the defense motion for a continuance based on the absence of a material witness.

6. . The trial court erred by accepting Mr. Jimmy Barnhill as an expert witness over defense objection.

7. The trial court erred by allowing the introduction into evidence of State Exhibits four and four-B over defense objection.

8. The trial court erred by overruling defendant’s objection to the state’s questioning of Judy Smith Griffith concerning a threat made by defendant.

9. The trial court erred by denying defendant’s motion for a mistrial.

10. The trial court erred by sustaining the state’s objection to defense questioning of Mr. Howard Oubre.

11. The trial court erred by overruling defendant’s objection to the state’s questioning of Mr. Howard Oubre.

12. The trial court erred by overruling defense counsel’s objection to the state’s questioning of defendant concerning a civil law suit.

13. The instant verdict is contrary to the law and the evidence.

14. The trial court erred by denying defendant’s motion for a new trial.

15. The sentence imposed was excessive and improper.

Assignments of error numbers six and seven are not briefed and, therefore, are considered abandoned. Uniform Rules— Courts of Appeal, Rule 2-12.4.

FACTS:

During the night of October 31, 1970, fire destroyed a house rented to defendant and his family. Defendant’s wife, defendant’s daughter, and a neighbor’s child, Catherine Marie Smith, were asleep in the house when the fire began. The Smith child died from injuries sustained in the blaze. The officers who initially investigated the fire did not reach a conclusion about its origin. However, at a later date, other experts evaluated the site, which was preserved intact because a civil suit was filed by defendant and his family. At least one expert concluded that the fire was intentionally set by use of some flammable liquid. Sometime in 1985, the Terrebonne Parish District Attorney’s Office reactivated its investigation of this incident. Suspicion focused on defendant when the investigation revealed that he threatened to burn down the family home during a domestic dispute with his wife. These threats were witnessed by a neighbor and a sister of the victim. In addition, defendant bought gasoline for a small container from a nearby service station a short time before the instant fire.

ASSIGNMENT OF ERROR NUMBER ONE:

By this assignment, defendant complains because the trial court denied a motion to suppress inculpatory statements allegedly made by him prior to the instant fire. Through answers to defendant’s motion for discovery, the state indicated that it would introduce testimony from Audrey Schrader, defendant’s wife, and from Harold Foret, a neighbor, detailing defendant’s threats to burn down his house prior to the actual fire. Although in the motion to suppress defendant suggested that the statements were not freely given, he did not seriously contend that his statements were unconstitutionally obtained. In brief, he argues that the statements were unreliable and irrelevant.

Harold Foret testified that, while visiting the Schrader home in 1970, he witnessed a domestic dispute between defendant and Audrey Schrader.2 Defendant struck Tommy LeBlanc, Mrs. Schrader’s son by a previous marriage, and ordered him from the Schrader home. Defendant also threatened to burn down the Schrader house [870]*870rather than allow Mrs. Schrader and her children to profit from the use of his personal property. The record clearly indicates that defendant’s threats were unsolicited, voluntary statements made in a noncustodial situation in the presence of individuals not associated with any law enforcement agency. Louisiana procedure does not authorize the use of a motion to suppress to test the admissibility of evidence constitutionally obtained, as in this instance. See La.C.Cr.P. art. 703; State v. Gamier, 261 La. 802, 261 So.2d 221 (1972). Questions of relevance and weight are properly resolved at trial on the merits. State v. Gamier, supra. Moreover, a new ground for objection cannot be raised for the first time on appeal. State v. Clayton, 427 So.2d 827, on rehearing (La.1983).

For the foregoing reasons, this assignment of error is without merit.

ASSIGNMENT OF ERROR NUMBER TWO:

By this assignment of error, defendant urges that the trial court erred by failing to grant his motion to quash the instant indictment grounded on the denial of his right to a speedy trial.

The present offense occurred on October 31, 1970. However, defendant was not arrested or formally charged until September of 1985. Defendant’s attack on the indictment focused on this pre-accusation delay of approximately fifteen years. In United States v. Marion, 404 U.S. 307, 92 S.Ct. 455, 30 L.Ed.2d 468 (1971), the United States Supreme Court declined to extend the reach of the Sixth Amendment right to a speedy trial to the period prior to arrest. Thus, defendant’s complaint that his right to a speedy trial was violated is unfounded.

At the hearing on the motion to quash, the trial court correctly noted that defendant’s complaint would have been more properly characterized as a violation of due process grounded on pre-accusation delay. The trial court reasoned, however, that both the state and defendant were equally impacted by the long delays. Further, defendant had failed to demonstrate any substantial prejudice.

In United States v. Marion, supra, the Court noted that the due process clause would require dismissal of an indictment if it were shown that the pre-indictment delay in a case caused substantial prejudice to a defendant’s rights to a fair trial and that the delay was an intentional device to gain tactical advantage over the accused. The contours of the due process test were clarified to some extent in the later case of United States v. Lovasco, 431 U.S. 783, 97 S.Ct. 2044, 52 L.Ed.2d 752 (1977).

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Louisiana Court of Appeal, 2021
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Bluebook (online)
506 So. 2d 866, 1987 La. App. LEXIS 9376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schrader-lactapp-1987.