State v. Will

860 So. 2d 140, 2003 WL 22439733
CourtLouisiana Court of Appeal
DecidedOctober 28, 2003
DocketNo. 03-KA-438
StatusPublished
Cited by1 cases

This text of 860 So. 2d 140 (State v. Will) 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. Will, 860 So. 2d 140, 2003 WL 22439733 (La. Ct. App. 2003).

Opinion

|,MARION F. EDWARDS, Judge.

Defendant, Paul Will, appeals his conviction for aggravated kidnapping. For the following reasons, the defendant’s conviction is affirmed.

Defendant, Paul H. Will, was charged by indictment by the Jefferson Parish grand jury with aggravated kidnapping in violation of LSA-R.S. 14:44, which allegedly occurred on or between July 24 and 25, 2000. On September 13, 2000, Will was arraigned and pled not guilty. On July 25 and 26, 2001, the case was tried before a 12-person jury, which found Will guilty as charged. On August 24, 2001, Will filed a motion for entry of conviction of a lesser included responsive offense, which was denied. On November 16, 2001, the trial court sentenced Will to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. On that same date, Will made an oral motion for appeal and filed a written motion for appeal that was granted.

On August 19, 2002, Will filed with this Court a motion and incorporated memorandum to stay appeal and remand for a hearing on plea bargain. On August 1325, 2002, this Court ordered the appeal to be stayed and remanded to the trial court for [141]*141an evidentiary hearing regarding the plea bargain to be held within 25 days of the order. On September 12, 2002, the State filed an application for writs of prohibition, mandamus and certiorari with the Supreme Court from the ruling of this Court. On that same date, the Supreme Court granted the application in part, stating:

Because it appears defendant’s Motion to Stay Appeal and Remand for a hearing on Plea Bargain was granted by order of a single judge of the court of appeal, it is ordered that the action be vacated and this matter remanded to the court of appeal for consideration of the motion by a three-judge panel. La. Const, art. V. Section 8(A) and (B).

On November 7, 2002, this Court ordered that the appeal be remanded to the trial court for an evidentiary hearing on the alleged plea agreement within 25 days of the order. This Court stated that upon completion of the hearing, the appeal should be relodged in this Court according to regular appellate procedure.

On December 6, 2002, an evidentiary hearing was held pursuant to this Court’s opinion.

At trial, Nicole Madere testified that, on July 24, 2000, she left home at approximately 6:45 a.m. and arrived at Lakeside Shopping Center in Metairie approximately 15 minutes later. She drove into the Lakeside Shopping Center parking lot facing Veterans Highway. Madere noticed a man, later identified as defendant, Paul Will, walking towards the right side of her car. ' Madere positively identified defendant, Paul Will, in court.

When she parked, Will was in the front of her car. Madere pulled into a parking spot and turned off the engine. She saw Will walking towards the driver’s side of her car. Madere opened her door slightly and went to grab her purse and lunch on the passenger’s seat. As she was getting ready to open the door, Will was standing in front of her pointing a gun at her. Will told Madere to “scoot over,” and she complied. . .

LWill then got into the driver’s side of the car, turned the engine on, and started driving. He kept asking Madere where the interstate was and how to get to Sli-dell. As they were getting ready to get on to the interstate across from Lakeside, Madere asked Will to let her off at the gas station next to the interstate. Will told her “No,” that she was just going to go for a ride, and that he did not want to take her ear away from her.

Madere stated that Will appeared to be in a hurry as they headed towards Slidell. Will asked her if she wanted to know what he was doing, and she told him that if he wanted to tell her he could. Will told Madere that he was living with his girlfriend, that he had taken in a woman, Juliet, who was in a lot of trouble, that some people Juliet knew had stolen $60,000 of his money, that he was not sure if his fiancée was in on it or not, and that he wanted to get wherever he was going to get his money back and take revenge on these people. At this point, Madere did not know where they were going, and Will did not give her any indication how long she' was going to be with him'. Madere testified that she was fearful.

Will and Madere first made a stop at a gas station in Mississippi, which had a Wal-Mart next to it. Madere did not exit the car as Will used her ATM card to get gas. Will had previously asked if she had any credit cards or debit cards, and Mad-ere told him she had a debit card. Madere testified that she gave the card to Will because she was scared. Will was never out of her sight, and she was never out of his sight. They drove a little while longer, [142]*142and then they stopped at an ATM and a gas station.

During the drive, Will told her how his uncle had passed away, that his father had died when he was very young, and that everything was going wrong for him. Madere did not ask him any questions at that time. When Will entered her car at Lakeside, he put the gun in the front pocket of his sweatshirt. Madere did not believe that Will up to this point had ever taken the gun out of his sweatshirt. | ¡When they stopped at the next gas station, she exited the car and Will followed her to the restroom.

As she was using the restroom, Will kept banging on the door because he could not get the ATM card to work. He kept telling Madere that she had given him the wrong number, however she had given him the correct PIN number right before they got out of the car. The restroom was a single restroom with just one door. There was no one else in the bathroom. There was no one else in the store at that point.

Will was angry, thought she was lying to him, and in a hurry to leave. Madere testified that approximately $60 was taken out of the ATM machine, with Will conducting the transaction. Madere did not feel at any point between the first two stops that she had the opportunity to escape. Early on in the trip, before they were getting ready to pull in somewhere or stop, Will expressed concerns that she might run away, and asked her if he needed to put her in the trunk. She told him “No” and that she would do whatever he asked of her.

Madere testified that the whole time she thought that “something really bad was going to happen.” Will and Madere drove on and stopped at a McDonald’s so that Will could get some breakfast. They went through the drive-through. At McDonald’s, Will asked Madere if she had any questions for him. She asked him where they were going, and he told her they were going to Philadelphia.

Madere stated that she never felt like she was safe, and wondered why he would keep her alive after he had told her what he was going to do. They stopped to get gas a couple more times. Madere identified State’s Exhibits 16, 17, and 18 as one of the gas stations where they stopped. She did not remember if she ever exited the car at that gas station. She identified State’s Exhibits 19, 20, and 21 as the last gas station where they stopped.

| ¡¡Madere testified that they had been following a car going very fast, that that car pulled off at the gas station, and that Will followed them. Will got gas, but she did not exit the car at that point. After they got gas, they pulled up to a parking area and they both got out and used the restrooms. When she entered the store to use the restroom, Will was right next to her. As she walked in, someone else was walking out. There was no one else in there.

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Related

Will v. Cain
629 F. Supp. 2d 577 (E.D. Louisiana, 2007)

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Bluebook (online)
860 So. 2d 140, 2003 WL 22439733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-will-lactapp-2003.