State v. Searcy

621 So. 2d 83, 1993 WL 217159
CourtLouisiana Court of Appeal
DecidedJune 23, 1993
Docket25108-KA
StatusPublished
Cited by7 cases

This text of 621 So. 2d 83 (State v. Searcy) 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. Searcy, 621 So. 2d 83, 1993 WL 217159 (La. Ct. App. 1993).

Opinion

621 So.2d 83 (1993)

STATE of Louisiana, Appellee,
v.
Danny Edward SEARCY, Appellant.

No. 25108-KA.

Court of Appeal of Louisiana, Second Circuit.

June 23, 1993.

James E. Beal, Jonesboro, for appellant.

Richard P. Ieyoub, Atty. Gen., Walter E. May, Jr., Dist. Atty., Douglas L. Stokes, Jr., Asst. Dist. Atty., for appellee.

Before MARVIN, LINDSAY and STEWART, JJ.

STEWART, Judge.

Appellant, Danny Edward Searcy, was charged by bill of information with felony theft, in violation of LSA-R.S. 14:67. He was convicted as charged by a six-person jury. He now appeals, urging three assignments of error. We affirm.

FACTS

John North earned his living as a building contractor in Jackson Parish. The Hodge Bank held a mortgage on his mobile home, a vehicle and some acreage, and had taken initial steps toward foreclosing on the property. Notice of seizure had been served on North, and he moved out of the mobile home. About three days later, on Saturday, April 17, 1992, North returned to the trailer to finish moving, and found that most of what he had left was gone.

North called the sheriff's department and reported the theft. Deputy Ables came to the scene and made an inventory of the missing items, among which was a *84 fairly substantial amount of lumber that North had used in his construction business. Later that day as Mr. North was driving, he passed by Donnie Searcy's house and noticed some familiar lattice work in Searcy's yard. North could see that the lattice screened a pile of wood, which he thought must be his. He called Deputy Ables and reported this fact.

The deputy went to the Searcy residence and saw the lumber as North had described it. After questioning Mrs. Glenda Searcy, Ables drove across the highway to the residence of Danny Searcy, Donnie's brother and the defendant in this case. As he pulled in the driveway, Ables saw a large assortment of lumber. There was a similar amount of the lumber inside a shed beside the driveway. North came and identified the lumber as his own, and he and his friend Tommy Johns loaded the lumber and took it away.

Danny Searcy was arrested for theft of the lumber. He admitted that he had taken the lumber from the North property but said that, because his father, Edward Searcy, had been told by Jessie McKaskle, a collection officer with the Hodge Bank, "that it was okay for them to go out to that property and get lumber or whatever they wanted ...", he understood that it was all right to take the lumber.

Searcy was charged by bill of information with felony theft of the lumber. At trial, much testimony was taken on the issue of whether Searcy thought he had permission to take the lumber, or whether the defendant thought the lumber was abandoned property. Edward Searcy, the defendant's father, and Ralph McKaskle, were principals in this debate. McKaskle testified that he had asked if Searcy might be interested in some junk vehicles on the North property. McKaskle told him there was some lumber on the premises and some boats, motors and lawn mowers. McKaskle insisted that he told Searcy that "we couldn't do anything until we had seized the property and then send [the Norths] a 10-day letter saying that they had 10 days to get what they wanted off of the property." He denied that he had given Searcy permission to take anything from the property, and said that he told Searcy that the Norths would have the first opportunity to remove any property on the premises.

Edward Searcy testified that McKaskle came by his house and said that the Hodge Bank had foreclosed on the North property and wanted to know what Searcy would give for the old vehicles. According to Edward Searcy, McKaskle said he had talked to North that morning, and that North had gotten everything he wanted from the place. Edward Searcy went to look at the cars and, when McKaskle called him back, he offered $10 apiece for the cars. Edward Searcy said that "I just assumed I told them boys about it they just probably went down there and got it. I don't know." When asked if McKaskle had specifically told him to get the lumber, Searcy replied, "... he just insinuated if you—I didn't tell nobody, you know, just to get nothing but I just assumed if you wanted to build a shed or something you could go get it." He testified that McKaskle had said that he had seen people hauling lumber off the place, and that he wanted to have some of it himself.

On cross-examination, Edward Searcy admitted that he had just assumed the Hodge Bank owned the property, but that McKaskle had never actually said that they did. He said that he did not remember discussing whether the Norths had to be given 10 days notice. He reiterated that McKaskle had told him that North had "quit the place". After some prodding, he admitted telling Deputy Ables, on the night of Danny's arrest, that McKaskle had not given him permission to take the lumber. He admitted that he did not have permission to go get anything, and finally admitted that he did not have the right to do anything.

In the state's rebuttal, Deputy Ables testified that when he asked Edward Searcy if McKaskle had given permission to take the lumber, Searcy had replied, "Never." McKaskle said that he did not recall talking to North about the property, and that he did not remember ever telling Searcy that North had abandoned the place.

*85 The jury found the defendant, Danny Searcy, guilty as charged. He now appeals. Among his assignments of error is that the trial court erred in excluding the testimony of defense witness Jackie Searcy. Finding no reversible error, we affirm the conviction.

DISCUSSION

Defendant assigns the following three assignments of error: (1) the trial court erred in accepting the victim of this offense as an expert witness; (2) the trial court erred in allowing use of a plea of nolo contendre to impeach the credibility of defense witness Edward Searcy; and (3) the trial court erred in excluding the testimony of defense witness Jackie Searcy.

With regard to his second assignment of error, defendant concedes the following in brief: "[t]his assignment has no merit and will, therefore, not be briefed." Because this assignment was neither briefed nor argued, we do not consider it on appeal. See State v. Schwartz, 354 So.2d 1332 (La. 1978); URCA Rule 2-12.4.

Assignment No. 1: Defendant asserts that the trial court erred in accepting John North, the victim of the theft, as an expert in the field of building and construction materials. He argues that, if North had not been qualified as an expert, the jury might have assigned little weight to his testimony and might have determined that the lumber was junk which was worth less than $100. Defendant complains that it was not necessary to qualify North as an expert in order to elicit his testimony about the value of the lumber.

The Louisiana Code of Evidence provides as follows:

Art. 702. Testimony by experts
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

Rather than preclude expert testimony if the matter in issue is within the knowledge of ordinary citizens, this article permits the expert to testify as to such matters if the court concludes that his testimony would be helpful to the trier of fact. Comment (c), LSA-C.E. Art. 702.

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Cite This Page — Counsel Stack

Bluebook (online)
621 So. 2d 83, 1993 WL 217159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-searcy-lactapp-1993.