State v. West

568 So. 2d 1019, 1990 WL 159691
Supreme Court of Louisiana·Decided October 22, 1990·No. 89-K-2676·Published·Cited by 46 cases

Opinion

568 So.2d 1019 (1990)

STATE of Louisiana
v.
David WEST.

No. 89-K-2676.

Supreme Court of Louisiana.

October 22, 1990.

*1020 M. Craig Colwart, Orleans Indigent Defender Program, for David West defendant-applicant.

Harry F. Connick, Dist. Atty., Janet Ahern, Jack Peebles, Pamela Sue Moran, Asst. Dist. Attys., for State of La., plaintiff-respondent.

MARCUS, Justice.

On May 9, 1985, the New Orleans Police Department received a report of a possible kidnapping of Curtis Hardy. Hardy was last seen near Donald Robertson's apartment, walking toward a blue Valiant with defendant and a man later identified as Gerald Gerrell. Gerrell was apparently restraining Hardy's hands behind his back and appeared to force Hardy into the car.

After the officers responded, they saw the kidnapping suspects drive by. They stopped the car and found Gerrell in the driver's seat, Donald Robertson in the passenger seat, and defendant in the back seat. The three men were arrested for simple kidnapping. A search of the car revealed a .357 magnum gun on the front seat and a pair of bloodstained blue jeans on the rear floorboard. The blue jeans belonged to defendant.

The next day, police discovered the bodies of Curtis Hardy and Clayton Jones in a brown Malibu. Each man was blindfolded, had his hands bound and had been shot once in the back of the head. The police crime lab determined the two bullets recovered from the victims' skulls were fired from the .357 magnum gun found in the arrestees' car. Later investigation also revealed both victims had Type B blood, the same type of blood on the jeans found in the arrestees' car. Defendant was questioned on that afternoon by police. When asked if he knew about a murder, he replied he knew "nothing about any murder and he didn't shoot anybody."

All three men were charged with the first degree murder of Hardy and Jones, and were tried separately. Defendant testified at Robertson's trial, and this testimony was subsequently admitted at his own trial.[1]

*1021 At the conclusion of the evidence, the trial judge instructed the jury on the applicable law, including the law of principals.[2] The jury was apparently troubled by this instruction, since it requested clarification on the issue of principals.[3] Several hours after this explanation, the jury again asked for clarification.[4]

*1022 Thereafter, the jury unanimously found defendant guilty of first degree murder. After a sentencing hearing, the jury unanimously rendered a determination of a life imprisonment, without benefit of probation, parole or suspension of sentence. Defendant appealed, arguing the jury charge on the law of principals relieved the state of the duty to prove that defendant had the specific intent to kill or inflict great bodily harm required for a conviction of first degree murder. The court of appeal affirmed defendant's conviction and sentence.[5] Although the court concluded the instruction on the law of principals was erroneous, it found the error was harmless.

On defendant's application, we granted certiorari to consider the jury instruction on principals.[6] The issues presented for our consideration are: (1) whether the trial judge's charge to the jury on the law of principals was erroneous; and (2) if so, whether that error was harmless.

Charge on the Law of Principals

La. R.S. 14:24 defines principals:

All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals.

In State v. Holmes, 388 So.2d 722 (La. 1980), this court made clear that the principal's mental state was an important consideration:

[U]nder R.S. 14:24, not all principals are automatically guilty of the same grade of offense. One who aids and abets in the commission of a crime may be charged and convicted with a higher or lower degree of the crime, depending upon the mental element proved at trial. State v. McAllister, 366 So.2d 1340 (La.1978). Thus, an individual may only be convicted as a principal for those crimes for which he personally has the requisite mental state. In the case of a first degree murder conviction, the requisite mental state is that the defendant had the specific intent to kill. It is not enough to find merely that his coconspirator or accomplice had the necessary mental state, since this intent cannot be inferred to the accused. It must be shown that this accused also had the specific intent to kill. *1023 388 So.2d at 726 (emphasis added).

At issue in Holmes was the use of a hypothetical by the prosecution during voir dire which suggested all that was necessary to establish the defendant's guilt of first degree murder was proof that he was knowingly involved in the armed robbery which resulted in the victim's death. The court found the prosecutor's hypothetical was erroneous. However, it held the prosecutor's misstatement of law was not reversible error, since the trial court's instruction to the jury properly stated the law of principals and the necessity for the proof of specific intent. The court cited this instruction with approval:

The law as to principals reads as follows: All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission or directly or indirectly counsel or procure another to commit the crime are principals. One who aids and abets in the commission of a crime may be charged and convicted with a higher or lower degree of crime depending on the mental element proved at trial. The first degree murder statute, with which this defendant is charged, requires proof of specific intent on the part of this defendant. I have previously read to you the definition of specific criminal intent.

388 So.2d at 727 (emphasis added).

In Flowers v. Blackburn, 779 F.2d 1115 (5th Cir.1986), the United States Fifth Circuit found the trial court's jury instructions on the law of principals could have improperly allowed the jury to find Flowers guilty of first degree murder without finding he had specific intent to kill.[7] Considering the charge as a whole, the court found the erroneous instructions could have been interpreted as creating a mandatory presumption that if the jury found specific intent on the part of Flower's co-perpetrator, it need not find specific intent on the part of Flowers. By relieving the state of its burden of proof, the court held such a presumption was clearly unconstitutional. See Francis v. Franklin, 471 U.S. 307, 105 S.Ct. 1965, 85 L.Ed.2d 344 (1985); Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979); In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970).

The court of appeal held the reasoning of Flowers applied to the present case:

The

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