State v. Stovall

439 So. 2d 618
CourtLouisiana Court of Appeal
DecidedOctober 11, 1983
Docket83 KA 0181
StatusPublished
Cited by10 cases

This text of 439 So. 2d 618 (State v. Stovall) 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. Stovall, 439 So. 2d 618 (La. Ct. App. 1983).

Opinion

439 So.2d 618 (1983)

STATE of Louisiana
v.
Alton STOVALL.

No. 83 KA 0181.

Court of Appeal of Louisiana, First Circuit.

October 11, 1983.

Ossie Brown, Dist. Atty., Baton Rouge, for plaintiff-appellee.

David Price, Asst. Public Defender, Baton Rouge, for defendant-appellant.

Before COVINGTON, COLE and SAVOIE, JJ.

*619 COVINGTON, Judge.

Defendant, Alton Stovall, was charged by grand jury indictment with two counts of aggravated rape in violation of LSA-R.S. 14:42. Upon trial by jury, he was found guilty on count 1 and guilty of attempted aggravated rape on count 2. On count 1 the defendant was sentenced to life imprisonment without benefit of probation, parole or suspension of sentence. On count 2 the defendant was sentenced to thirty years imprisonment.[1] From his conviction and sentence, Stovall has appealed, relying on two assignments of error.[2]

The basic thrust of Stovall's appeal is that certain errors were committed in the court below which prejudiced the defendant's right to a fair trial.

A very careful reading of the entire record convinces this Court that there was sufficient evidence upon which the jury could base its findings that the defendant was guilty on count 1 of aggravated rape and on count 2 of attempted aggravated rape, beyond a reasonable doubt. The record shows no prejudice or unfairness in the trial in the court below. We conclude that he got a fair trial.

FACTS

On February 8, 1982, two young girls, Helen Brown (age 14) and Stormy Kettle (age 12) skipped school and later that afternoon made plans to run away. After they were warned that the juvenile officers were approaching, the girls ran into a wooded area off Ardenwood Street in Baton Rouge and proceeded down a canal near the woods. They then jumped over a fence, on which one of the girls tore her clothing and scratched her leg. After this happened, they went to a building to ask permission to use the restroom facilities. When the girls left the restroom, they moved on to sit in the sun. They then saw a hose to the right side of the building and went back to get permission to clean themselves off with it. After cleaning themselves, the girls went back to the driveway to sit in the sun and dry their clothes. A few minutes later, the girls returned to the building to go to the restroom again. While they were in the restroom, Stovall entered the room and told the girls to take their clothes off, which they refused to do. He left the room, and the girls started to leave, but Stovall immediately returned with a carpenter's knife. Defendant threatened them with the knife and forced the girls to undress. He then raped Brown and attempted to rape Kettle. He told them not to tell anyone about the incident and left the premises. The girls ran to a friend's house where they reported the attack. The police were called, and the girls, accompanied by a detective, searched the area to try to find their assailant. Defendant was finally located at his father's home and was arrested.

ASSIGNMENT OF ERROR NUMBER 1

This assignment of error urges that the trial judge erred in failing to sustain defense counsel's challenge for cause to a prospective juror, Ruth B. Sickel.

During voir dire, Ms. Sickel stated that she had a friend in another state who had been raped several years ago. Her testimony on this point is, as follows:

Q. Okay. On this bottom row of these six; do any of you have any friends or relatives who have been the victim of a sexual offense? Yes, Ma'am?
A. (Sickel) I had a friend several years ago that was raped.
Q. And that was several years ago?
A. (Sickel) Yes, sir.
Q. All right. Again, the same type of, uh, situation arises here. In this instance you may have some out—outside factors which might tend to influence *620 you in court. But the judge will tell you that you're to put all that aside and decide on what you hear in court. Can you do that in this case?
A. (Sickel) I think that would be difficult, I really do.
Q. You think that would be difficult?
A. (Sickel) Yes.
Q. Because of your knowledge about this past incident?
A. (Sickel) Yes.
Q. Okay. You understand the two are completely unrelated?
A. (Sickel) I understand.
Q. But it would be difficult to put out of your mind?
A. (Sickel) I (unintelligible) think so.
Q. Are you saying you might hold that against Mr. Stovall?
A. (Sickel) Uh, I don't know if I could come to a good disposition, I might transfer—
Q. You might not have an open mind?
A. (Sickel) That's right
Q. Okay. We appreciate your honesty, we're just trying to find out everybody's feelings on this—
A. (Sickel) Um-hum.

Based on Ms. Sickel's statements, she was challenged for cause by the defense counsel. The prosecutor and the trial judge then attempted to rehabilitate her.

BY MR. ROY (prosecutor):
Q. Uh, Ms. Sickel, of course, we've all had experiences and we can't block them out and start clean. Uh, could you, if accepted as a juror in this case, base your decision on—on the evidence that you hear here in this courtroom and on the law as given you by the court?
A. (Sickel) I think I could but I still in the back of my mind would be—
Q. Well, I understand that, you can't obliterate that, uh, but do you feel that you could—I—I'm sure if you didn't think the state proved their case you wouldn't use what's back of your mind to find this fellow guilty, I don't think you'd do that, would you?
A. (Sickel) No, I would not.
Q. Would you require the state to prove it to your satisfaction?
A. (Sickel) Yes, sir, I would.
MR. ROY: I don't have any further questions.
THE COURT: Well, what's—what's the problem, Ms. Sickel, I understand— how long ago was this incident?
A. (Sickel) About three years ago, in Oklahoma City.
THE COURT: You were living here then?
A. (Sickel) No, sir, I was living in Oklahoma City.
THE COURT: Question is can you be impartial and open-minded about this matter which you've already told me you know nothing about?
A. (Sickel) I think I could, but I wanted to be honest with you.
THE COURT: Well, yes, I understand that. Mr. Price, you have anything further?
MR. PRICE: No, sir, that's all.
THE COURT: All right. I'm going to deny the challenge for cause, I feel Ms. Sickel can be a fair and impartial, open-minded juror despite the incident that she called to our attention.

This juror, as indicated, after being further examined by the state and the court, assured the court that she could serve as an impartial juror, and apply the applicable law and give the defendant a fair trial.

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Cite This Page — Counsel Stack

Bluebook (online)
439 So. 2d 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stovall-lactapp-1983.