State v. Searles

647 So. 2d 1329, 94 La.App. 4 Cir. 0190, 1994 La. App. LEXIS 3399, 1994 WL 701280
CourtLouisiana Court of Appeal
DecidedDecember 15, 1994
DocketNo. 94-KA-0190
StatusPublished
Cited by3 cases

This text of 647 So. 2d 1329 (State v. Searles) 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. Searles, 647 So. 2d 1329, 94 La.App. 4 Cir. 0190, 1994 La. App. LEXIS 3399, 1994 WL 701280 (La. Ct. App. 1994).

Opinions

hWALTZER, Judge.

STATEMENT OF THE CASE:

By bill of information, defendant, Raymond Searles (Searles) was charged with the aggravated battery of Brian Howell. A six-member jury found him guilty as charged. A motion for new trial was denied. On the same day Searles was sentenced to three years at hard labor; the sentence was suspended and he was placed on three years active probation with the following conditions: (1) payment of $10 per month to the D.O.C.; (2) waiver of extradition; and (3) restitution to the victim of $6,800 for medical expenses and $8,000 for pain and suffering, together with payment of court costs of $167.50.

STATEMENT OF FACTS:

On the morning of September 19, 1991, Searles, the administrator of Black Collegiate Services, Inc. (BCS), got into a heated argument with Brian Howell, a BCS employee, about an unfinished job assignment. Searles [1331]*1331fired Howell, who thereupon began to clean out his desk. Howell testified that he owned some of the computer programs being used by BCS, and attempted to remove those programs. Searles tried to keep Howell from doing so, and later left the room. In the meantime, two other BCS employees, Kuum-ba Kazi and Reginald Fells, tried to calm Howell and to convince him to leave.

Howell and Fells testified that Howell was on the telephone when Searles returned to the room. Kazi testified that he saw an opened pocketknife cupped in Searles’ right hand.1 According to Howell alone, Searles walked into the room and stabbed Howell in _|jthe back. Howell testified that he did not realize he had been stabbed, and that in reaction to what he thought was a punch, he pushed Searles onto a desk. Howell said that Searles stabbed him in the hand and that he then realized he had been stabbed in the back.

According to Kazi and Fells, when Searles returned to the room, he and Howell began arguing again about the computer programs and that Howell began cursing Searles. Fells testified that he briefly turned to speak to Kazi, and when he turned back he saw Howell push Searles onto the desk. Kazi and Fells testified that they saw Searles stab Howell in the back while Howell held him down on the desk.

ERROR PATENT:

A review of the record reveals an error patent. The trial court sentenced defendant the same day that it denied his motion for new trial. LSA-C.Cr.P. art. 873 requires the trial court to delay imposition of defendant’s sentence for twenty-four hours after denial of a motion for new trial unless the defendant expressly waives the delay. There is no evidence in the record that defendant waived the delay; thus, it is an error patent.

Since Searles did not challenge his sentence on appeal and did not raise the failure to observe the delay as error, the error is harmless. State v. Collins, 584 So.2d 356, 359 (La.App. 4th Cir.1991).

VIOLATION OF DEFENDANT’S RIGHT TO FULL AND COMPLETE VOIR DIRE EXAMINATION OF PROSPECTIVE JURORS:

Defendant complains that the trial court erred in denying him the right to a full voir dire examination of prospective jurors. In support of his argument, defendant points to the trial judge’s refusal to allow examination of the jurors’ personal backgrounds because defense counsel had been provided with a master list giving the age, marital status, number of children, occupation, place of employment, and address of each of the prospective jurors. He also complains about the trial judge’s restricting examination of whether the jurors had been victims of a crime except for crimes of violence committed with a dangerous weapon, | «similar to the crime at issue in the case. Defendant further complains that the trial judge curtailed his voir dire of two jurors, John Rowland and" Marie Gibilant.

We find that the trial judge’s grudging attitude, displayed in this particular case against this defendant and his attorney, resulted in a curtailment of the voir dire examination so severe that, under these circumstances, it denied Searles his constitutional right to a full and free voir dire examination of prospective jurors.

A criminal defendant is entitled to a full and complete voir dire examination of prospective jurors and to challenge those jurors peremptorily. LSA-Const. Art. 1, § 17; LSA-C.Cr.P. art. 786. The purpose of voir dire examination is to determine the qualifications of prospective jurors by testing their competency and impartiality, and to discover grounds for challenges for cause and peremptory challenges. State v. Hall, 616 So.2d 664, 668 (La.1993); State v. Holmes, 619 So.2d 761, 762 (La.App. 4th Cir.1993). [1332]*1332The defendant’s right may not be curtailed by the exclusion of non-repetitious voir dire questions which reasonably explore the jurors’ potential prejudices, predispositions, or misunderstandings relevant to the central issues of the case. State v. Ancar, 508 So.2d 943, 948 (La.App. 4th Cir.1987).

We recognize that the scope of voir dire is within the sound discretion of the trial judge, and his ruling will not be disturbed on appeal absent a clear abuse of discretion. State v. Hall, supra at 699. The trial court’s limitations constitute reversible error when, as here, they are so restrictive as to deprive defense counsel of a reasonable opportunity to probe to determine a basis for dismissal for cause or for peremptory challenge. State v. Ancar, supra at 948. In order to determine whether the trial judge afforded the defendant sufficiently wide latitude in examining prospective jurors, review of the trial judge’s rulings should be undertaken only on the record of the voir dire examination as a whole. State v. Hall, supra, at 699.

In State v. Hall, supra, the Supreme Court reversed the defendant’s conviction because of the trial judge’s limitations on voir dire regarding certain principles of law and capital punishment. The court stated that the trial judge displayed a “grudging attitude” toward the defense counsel’s questions.

|4Upon examination of the voir dire as a whole, it is clear that the trial judge erred by demonstrating such an egregiously grudging, intimidating and overbearing attitude, whose result was the impermissible limitation of defense counsel’s voir dire of prospective jurors. The Judge refused to allow counsel to ask questions that would elicit confirmation under oath and expansion of the personal information previously given to counsel in the form of a jury data sheet. Unlike the situation in State v. Jones, 596 So.2d 1360 (La.App. 1st Cir.1992), the trial judge did not conduct an exhaustive inquiry into the jurors’ qualifications and biases thus rendering defendant’s voir dire repetitious. Absent such questioning, the defendant was unable to ascertain whether the information on the master docket is current. Defendant had no opportunity to ascertain whether a particular juror still lived in Orleans Parish, maintained the same employment, or held the same marital status as set out in the master docket. Likewise, the intimidation practiced by the trial court, exemplifying the “grudging attitude” set forth in Hall, rendered defense counsel unable to elicit information concerning the particular job description and duties performed by the jurors, the significance of which was alluded to by defense counsel in the following colloquy:

MR. ELLOIE: Ms. Simpson, do you work for Freeport?

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Bluebook (online)
647 So. 2d 1329, 94 La.App. 4 Cir. 0190, 1994 La. App. LEXIS 3399, 1994 WL 701280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-searles-lactapp-1994.