State v. Sylvester

400 So. 2d 640
CourtSupreme Court of Louisiana
DecidedJune 22, 1981
Docket80-KA-2942
StatusPublished
Cited by45 cases

This text of 400 So. 2d 640 (State v. Sylvester) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sylvester, 400 So. 2d 640 (La. 1981).

Opinion

400 So.2d 640 (1981)

STATE of Louisiana
v.
Alvin SYLVESTER, Jr.

No. 80-KA-2942.

Supreme Court of Louisiana.

June 22, 1981.

*641 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Leonard Knapp, Dist. Atty., Evelyn Oubre, Charles Richard, Asst. Dist. Attys., for plaintiff-appellee.

Phillip S. St. Romain, Jack Rogers, Harold Thibodeaux, Lake Charles, for defendant-appellant.

MARCUS, Justice.

Alvin Sylvester, Jr. was indicted by the grand jury for two counts of first degree murder in violation of La.R.S. 14:30. After trial by jury, defendant was found guilty as charged on both counts. A sentencing hearing was conducted by the same jury that determined the issue of guilt. The matter was submitted on the evidence of the trial on the issue of guilt without introduction of other evidence. The jury unanimously recommended that a sentence of death be imposed on defendant for each count. The trial judge sentenced defendant to death in accordance with the recommendations of the jury. On appeal, defendant relies on twenty assignments of error for reversal of his convictions and sentences. Finding reversible error in two of the contentions raised under Assignment of Error No. 3, we need not consider the others or those raised under the remaining assignments of error. However, we have chosen to discuss defendant's contention under Assignment of Error No. 10 because it concerns an issue that may be raised on a new trial.

FACTS

On the evening of July 15, 1979, defendant, along with Brad Lewis and Ernestine Guillory, went to the White Eagle Lounge in Lake Charles. At about midnight, the group was occupying a table adjacent to that of Darrell Walker and his sister, Dorothy Walker. Apparently, Mr. Walker had danced with Ms. Guillory during the evening *642 and defendant had danced with Ms. Walker. None of the members of the parties knew each other prior to that evening. At this point, Brad Lewis asked Ms. Walker to dance and she refused. Words were exchanged and an argument ensued. A scuffle broke out involving the male members of the two parties and Ms. Walker was knocked to the floor. With the help of several bystanders, the manager of the lounge broke up the fight and ejected the participants from the bar. Defendant and Brad Lewis left first, followed a short time later by the Walkers. On the outside of the lounge, Ms. Walker displayed a pistol. There was also evidence that she possessed the gun while inside of the bar. The manager instructed the Walkers that they would have to leave and last saw them as they were walking toward their car.

There is conflicting testimony as to exactly what transpired next. An eyewitness for the state testified that the Walkers got into their car with Ms. Walker driving and attempted to start the engine. Though the accounts varied, witnesses for the defense generally testified that one of the Walkers fired several shots from a pistol into the air or in the direction in which defendant and Brad Lewis were leaving the scene. In any event, defendant went to his car and removed his 30-06 bolt-action rifle from beneath the rear seat. He returned to the parking lot near the lounge and fired three shots from close range at the Walker vehicle. The first shot apparently struck the pavement and fragmented. The second shot struck Darrell Walker in the head and the third shot struck Dorothy Walker in the face. Both of the victims died as a result of these wounds. Defendant fled the scene on foot.

A Lake Charles City Police patrol unit was dispatched to the scene of the shooting at 1:03 a. m. on July 16, 1979. The victims were found inside of their vehicle. A chrome-plated revolver with five spent shells in the cylinder was found beneath the passenger seat of the Walker vehicle. Three bullet casings from a 30-06 rifle were also found at the scene. On the following day, July 17, 1979, defendant surrendered himself to the Lake Charles City Police, maintaining that he had acted in self-defense. A subsequent investigation at the scene of the shooting revealed no physical evidence that shots had been fired by the Walkers prior to their deaths.

ASSIGNMENT OF ERROR NO. 3

Under this assignment of error, defendant contends, inter alia, that the trial judge erred in denying his challenges for cause of prospective jurors Mrs. Bobby Ray Miller and Frank Landry. He argues that, because of these erroneous rulings, he was forced to accept Mrs. Miller as a juror and compelled to exercise one of his peremptory challenges to excuse Mr. Landry, thereby depriving him of one of his twelve peremptory challenges.

La.Code Crim.P. art. 797 provides in pertinent part:

The state or the defendant may challenge a juror for cause on the ground that:
. . . .
(2) The juror is not impartial, whatever the cause of his partiality. An opinion or impression as to the guilt or innocence of the defendant shall not of itself be sufficient ground of challenge to a juror, if he declares, and the court is satisfied, that he can render an impartial verdict according to the law and the evidence;
(3) The relationship, whether by blood, marriage, employment, friendship, or enmity between the juror and the defendant, the person injured by the offense, the district attorney, or defense counsel, is such that it is reasonable to conclude that it would influence the juror in arriving at a verdict;
(4) The juror will not accept the law as given to him by the court; ....

La.Code Crim.P. art. 800 provides in pertinent part:

A defendant cannot complain of a ruling refusing to sustain a challenge for cause made by him, unless his peremptory challenges shall have been exhausted before the completion of the panel.

*643 Where an accused has exhausted all of his peremptory challenges before completion of the panel, he is entitled to complain on appeal of a ruling refusing to maintain a challenge for cause made by him. He need only show two things to obtain reversible error: (1) that the trial judge erred in refusing to maintain a challenge for cause by him; and (2) that he exhausted all of his peremptory challenges. He need not make the additional showing of injury resulting from the court's action by forcing him to accept the challenged juror. The trial judge is vested with broad discretion in ruling on a challenge for cause which ruling will not be disturbed on appeal absent a showing of abuse of that discretion. However, service on a criminal jury by one associated with law enforcement duties must be closely scrutinized and may justify a challenge for cause; such association does not automatically disqualify a prospective juror. State v. McIntyre, 365 So.2d 1348 (La.1978).

During voir dire, defendant questioned Mrs. Miller as to her religious preference. She stated that her preference was Alleluia Acres, a non-denominational Christian church. She also stated that her literary preferences were Christian literature and the Bible. At that point the following colloquy took place between the prospective juror and defense counsel:

Q During the course of this trial, the issue of self-defense will be brought out, do you believe in the right of man or a person to defend himself or to defend someone else?

A Do what?

Q Do you believe in the right of a man or ... or a person to ... to defend himself or to defend someone else?

A No.

Q You do not believe that he should be permitted to defend ... defend himself?

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Bluebook (online)
400 So. 2d 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sylvester-la-1981.