State v. Williams

410 So. 2d 217
Supreme Court of Louisiana·Decided January 25, 1982·No. 81-KA-1410·Published·Cited by 18 cases

Opinion

410 So.2d 217 (1982)

STATE of Louisiana
v.
Joseph L. WILLIAMS.

No. 81-KA-1410.

Supreme Court of Louisiana.

January 25, 1982.
Rehearing Denied March 19, 1982.

*218 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Paul Carmouche, Dist. Atty., Robert W. Gillespie, Jr., Asst. Dist. Atty., for plaintiff-appellee.

Donald R. Minor and Jeanette G. Garrett of Indigent Defender Office, Shreveport, for defendant-appellant.

JONES, Justice Ad Hoc.[*]

Defendant Williams was indicted for the crime of second degree murder (La.R.S. 14:30.1), convicted by jury as charged, and sentenced to life imprisonment at hard labor without benefit of parole. Defendant appealed his conviction and sentence, relying on sixteen assignments of error, twelve of which were argued.

During the early morning hours of December 22, 1979, the defendant, a 27 year old black male, was eating breakfast with *219 several friends at Denny's Restaurant in Shreveport. Defendant began flirting with their waitress, Cindy Grove, a young white female. When she expressed displeasure with his attention, defendant started harassing and verbally abusing Miss Grove. In the meantime, Wesley Ford (a 21 year old white male), boyfriend of the waitress, entered the restaurant and overheard her complaining to another waitress about the defendant's behavior. Ford approached the table where defendant was sitting, asked that defendant refrain from bothering the waitress, and returned to his seat at the counter.

As defendant and his party finished their meal and walked to the cashier to pay their bill, defendant stopped where Ford was sitting, placed a hand on Ford and started discussing his difficulty with Miss Grove. Ford reacted by striking defendant on the head with a coffee cup. The two then began grappling and fell to the floor wrestling. Several onlookers, including restaurant employees and customers, immediately separated the two combatants.

Ford stood up, collected his personal belongings that had fallen on the floor, brushed himself off, and engaged in a conversation with Lynn West, an assistant manager of the restaurant. Defendant also regained his feet and walked to the first of the double doors leading out of the premises, as though to leave the restaurant. However, upon reaching the door defendant pulled a revolver, turned around, walked toward Ford and fired several shots at him. Three bullets struck Ford, fatally wounding him.

Assignment of Error No. 1

Defendant argues that the trial judge erred in denying his challenge for cause of seven prospective jurors, each of whom on voir dire examination expressed personal disapproval of interracial dating. He contends that because of this prejudicial attitude these prospective jurors could not have been impartial in this case involving a black defendant and a white victim, and should have been disqualified under La.C. Cr.P. Art. 797(2).

This court noted in State v. McZeal, 352 So.2d 592 (La.1977):

"A prospective juror's negative opinions on racial intermarriage and social preferences do not necessarily reflect on his ability to judge fairly and justly, free from prejudice. (citations omitted) Rather, the true test of a juror's qualification to serve is his ability to judge impartially based on the law and the evidence admitted at trial, as gleaned from the totality of his responses on voir dire examination."

The record in this case reflects that each of the challenged prospective jurors denied that his or her attitude toward interracial dating would in any way prevent him or her from serving as a fair and impartial juror. Considering their responses as a whole to the voir dire examination, we do not find that the trial judge erred in denying the challenges for cause.

Consequently, this assignment lacks merit.

Assignment of Error No. 6

Defendant claims that the trial judge erred in denying his motions for mistrial after the jurors observed defendant wearing handcuffs, thereby subverting his presumption of innocence.

It appears that defendant might have been observed in handcuffs by the jurors on three occasions: when brought into the courtroom with other prisoners on the morning of the trial; on the first day of the trial in the hall while being transported either to or from jail during the lunch break; and the next day, again during the lunch break, being transported to or from jail. On each of the latter two occasions defendant was either going to or coming from the jail elevator and was handcuffed for security purposes.

In State v. Wilkerson, 403 So.2d 652 (La. 1981), several jurors saw the defendant handcuffed after the trial had been adjourned for the day. Noting that the defendant was not handcuffed during the trial *220 but was handcuffed solely for the purpose of transport to and from the courtroom, this court held:

"Ordinarily, a defendant before the court should not be shackled or handcuffed or garbed in any manner destructive of the presumption of his innocence and of the dignity and impartiality of judicial proceedings. (citations omitted) However, exceptional circumstances may require, within the discretion of the trial court, the restraint of the prisoner for reasons of courtroom security or order or where the prisoner's past conduct reasonably justifies apprehension that he may attempt to escape. (citations omitted)
"If the handcuffing is objected to at the time of trial, for a finding of reversible error the record must show an abuse of the trial court's reasonable discretion resulting in clear prejudice to the accused." (p. 659)

Here, the defendant was initially brought into the courtroom with a group of prisoners and his handcuffs were immediately removed. On the other two occasions defendant was handcuffed solely for security reasons when being taken to and from jail. There was no evidence that any juror ever observed the defendant in handcuffs. Be that as it may, it is clear that the jurors were informed by defense counsel during the course of the trial that the defendant was in custody.

Under the circumstances, we do not find that defendant's right to a fair trial was prejudiced by the trial judge's ruling on these motions for mistrial.

Assignment of Error No. 7

During the presentation of the state's case one of its witnesses, Lynn West, Denny's assistant manager, stated that a waitress, 16 year old Ivy Ross, was struck in the arm by a bullet during the shooting incident. Defendant moved for a mistrial, arguing that the age of the waitress was irrelevant and that this testimony was elicited solely to inflame the jury. The trial judge's denial of the motion for mistrial forms the basis of this assignment.

In State v. Haarala, 398 So.2d 1093 (La. 1981) this court explained:

"The general prohibition against the use of other crimes evidence does not bar admission of criminal acts which are an inseparable part of the whole deed. 1 Wigmore, Evidence, § 218 (3d Ed. 1940). In Louisiana, such acts are denominated as part of the res gestae and admitted under the authority of La.R.S. 15:447-48.....
"This court has approved the admission of other crimes evidence when it is related and intertwined with the charged offense to such an extent that the state could not have accurately presented its case without reference to it.

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State v. Williams, 410 So. 2d 217 (La. 1982).

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