State v. Steward

483 So. 2d 155, 1986 La. App. LEXIS 5880
CourtLouisiana Court of Appeal
DecidedJanuary 15, 1986
DocketNo. KA 3131
StatusPublished
Cited by9 cases

This text of 483 So. 2d 155 (State v. Steward) 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. Steward, 483 So. 2d 155, 1986 La. App. LEXIS 5880 (La. Ct. App. 1986).

Opinion

SCHOTT, Judge.

Defendant was convicted of simple burglary of an inhabited dwelling in violation of R.S. 14:62.2 and sentenced as a fourth offender under the habitual offender law to life at hard labor.

On the morning of March 16,1984 Katherine Conkling was reading inside her second floor apartment when she heard someone breaking in through the rear door. She ran out the front door screaming for help. At this time Frank Jenkins was [156]*156walking past the apartment. After hearing Conkling scream he saw someone jump from a window of her apartment. A security guard and a policeman were investigating an auto accident a short distance away from Conkling’s apartment when they heard her scream. They ran over and caught defendant as he was walking away from Conkling’s apartment building. Jenkins identified defendant as the man he had just seen jumping from the apartment.

Defendant's counsel assigned three errors for our consideration. In addition, defendant, in a pro se brief, assigned two errors.

Assignment of Error 1

By this assignment defendant contends he was erroneously cut off from voir dire of a potential juror. In questioning this juror the following colloquy ensued: “BY MR. SWAYNGIM:

Q. Even after the Judge tells you that the law says that you cannot hold that against him, do you still feel like you, if this defendant does not testify — you would hold that against him.
A. I’m merely saying that I might be biased towards the State if the individual does not take the stand and say that he did not commit the crime.
THE COURT:
If I instruct you, sir, that the law is that you cannot take that into consideration at all, you cannot hold that against the defendant, will you follow that law; yes or no?
THE PROSPECTIVE JUROR:
I’ll follow it as best I can.
THE COURT:
What was that?
THE PROSPECTIVE JUROR:
I’ll follow the law the best that I can.
THE COURT:
I said yes or no, will you follow the law? You don’t follow the law as best as you can, you have to follow the law, period.
THE PROSPECTIVE JUROR:
Yes, I will.
THE COURT:
You will follow the law?
THE PROSPECTIVE JUROR:
Yes, sir.
THE COURT:
All right. (To counsel) Go on.
MR SWAYNGIM:
Judge, I’d like to ask him a few more question in that area.
THE COURT:
He has already answered the only questions that count.
MR. SWAYNGIM:
Well, I'm not satisfied with that, Your Honor; I think I have a right to go into more detail and I appreciate the honesty of Mr. Harris.
THE COURT:
What is the questions your’re going to ask him, and then I’ll rule on it?
MR. SWAYNGIM:
Well I would like to ask him, when he says that he has previously answered my questions by saying that he might hold that against him.
THE COURT:
All right, so now you’re going to cross examine him, right?
MR. SWAYNGIM:
Well, I want to know a little bit more of what that means—
THE COURT:
(Addressing Mr. Harris) Answer the question, sir.
BY MR. SWAYNGIM:
Q. Okay, Mr. Harris, you said that you might hold that against him?
A. I didn’t say that.
Q. Could you say that again what you said, Mr. Harris?
A. I said, I might be biased toward the State if the individual does not state that he did not commit the crime.
Q. If he does not testify then, even no matter what the evidence the State showed, you would feel that you would, in fact, hold that against him, by saying: If he doesn’t testify he must be guilty; isn’t that what you’re saying?
A. No, that is not what I’m saying.
[157]*157THE COURT:
All right, now let’s go on with something else.
MR. SWAYNGIM:
Challenge for cause, Your Honor.
THE COURT:
Denied.”

The juror had clearly rehabilitated himself when he stated without equivocation that he would follow the law as it was given to him by the court. The court allowed defense counsel to cross examine this juror up to a point and he was unshaken. No theory of law entitles defendant to carry on a repetitious and overly lengthy cross examination of a juror during voir dire and defendant is not entitled to brow beat or argue with a potential juror. For these reasons the trial judge has discretion to control voir dire examination, and his rulings will not be disturbed absent a clear abuse of this discretion as in the case where examination is so restricted that defense counsel is deprived of an opportunity to explore the possibility of a challenge for cause or to make intelligent use of peremptory challenges. The rulings of the trial judge here under consideration were well within his discretion and were entirely proper. This assignment lacks merit.

Assignment of Error 2

By this assignment defendant claims the trial court erroneously admitted inadmissible hearsay testimony by Officer Gordon. On direct examination Gordon stated he was assigned to investigate this incident and arrived while defendant was being held by the policeman who initially apprehended him. On cross examination by defense counsel Gordon was asked the following:

“Q. Isn’t it a fact that the defendant, Mr. Steward, requested that you all go interview the receptionist at the medical center in the parking lot, didn’t he request you all to do that?
A. Yes, sir.
Q. And did you?
A. Yes, sir.”

On redirect Gordon testified that defendant told him after being fully informed of his constitutional right to remain silent that he had been inside a clinic next door to Conkling’s building seeking medical help just before his apprehension. The prosecutor then asked Gordon the same question as defense counsel did; didn’t he, Gordon, interview the people at this clinic? This time, however, the next logical question was asked; what did they tell Gordon, and he was allowed to testify over defendant’s objection that no one had come into the clinic at all.

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Cite This Page — Counsel Stack

Bluebook (online)
483 So. 2d 155, 1986 La. App. LEXIS 5880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-steward-lactapp-1986.