State v. Willis

552 So. 2d 39, 1989 WL 134883
CourtLouisiana Court of Appeal
DecidedNovember 8, 1989
DocketCR 89-232
StatusPublished
Cited by11 cases

This text of 552 So. 2d 39 (State v. Willis) 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. Willis, 552 So. 2d 39, 1989 WL 134883 (La. Ct. App. 1989).

Opinion

552 So.2d 39 (1989)

STATE of Louisiana, Plaintiff-Appellee,
v.
Jonathan Paul WILLIS, Defendant-Appellant.

No. CR 89-232.

Court of Appeal of Louisiana, Third Circuit.

November 8, 1989.

*40 Alfred F. Boustany, II, Lafayette, for defendant-appellant.

Richard Weimer, Asst. Dist. Atty., Lafayette, for plaintiff-appellee.

Before YELVERTON, KNOLL and KING, JJ.

KNOLL, Judge.

Defendant, Jonathan Paul Willis, was indicted by a Lafayette Parish grand jury for second-degree murder, a violation of LSA-R.S. 14:30.1. By a 10 to 2 vote, a jury found defendant guilty as charged. Subsequently, the trial court sentenced defendant to life imprisonment without benefit of parole, probation, or suspension of sentence. Defendant seeks review of his conviction and sentence, urging six assignments of error.

FACTS

In the early afternoon of January 12, 1988, defendant and a friend, Christopher Scott, were riding bicycles on North Richter Street in Lafayette. As the pair rode past Zachary Thomas' home, Thomas stopped defendant. Thomas and two companions, Gilbert Williams and Harold Thibeaux, confronted defendant and accused *41 him of stealing a pit bulldog which was in Thomas' care. After denying responsibility, defendant allegedly dismounted his bicycle, removed his shirt, and challenged Thomas to a fight. Thomas, insisting on the return of the dog, informed defendant that he did not wish to fight. Defendant then picked up a bottle from the side of the street, threw it at Thomas, and fled on foot, leaving his bicycle on the roadway. Thomas took the bicycle and parked it under the carport of his home.

Approximately thirty minutes later, defendant returned, inquiring whether Thomas would surrender the bicycle. Thomas' companions, who were seated on the front porch, informed Thomas, who was inside the residence, that defendant had returned. Thomas reportedly responded by asking whether defendant had returned with the dog. When one of Thomas' companions saw that defendant had a gun wrapped in a shirt, he went inside the residence to inform Thomas that defendant was armed. As Thomas, who disregarded the warning, stepped from the front door of his house, defendant discharged the hand gun from the edge of the carport. A single gunshot struck Thomas' chest. Thomas retreated into the house and died a short time later as a result of the wound. Defendant left the scene with the bicycle and, after discussing the events with his father, who lived in the vicinity, defendant contacted the police, surrendered, and assisted the officers in locating his friend, Christopher Scott, who had fled.

At trial defendant testified that Thomas was armed with a crowbar at the initial confrontation in the street, and that he threw the bottle at Thomas in self-defense. According to defendant, he had borrowed the bicycle from a neighbor and he returned to Thomas' home with a gun to intimidate Thomas into returning the bicycle. Defendant contended that he did not intend to shoot Thomas. Defendant testified that when Thomas went back into the house, defendant took this opportunity to retrieve the bicycle. As defendant was attempting to leave the carport area, defendant testified that Thomas confronted him with the crowbar. As defendant retreated, he contended that he fell over the bicycle and the gun discharged. The State's witnesses uniformly denied that Thomas threatened defendant or that a crowbar was present at either confrontation.

BATSON CHALLENGE

Defendant, a black man, contends that the trial court erroneously rejected defense counsel's objections to the State's exercise of five (5) peremptory challenges to systematically exclude blacks from serving on the jury. Defendant argues that the State used subjective explanations which were unquantifiable to justify its juror challenges. Thus, he contends that the State's explanations leave nothing for appellate review other than a prosecutorial assurance of good faith.

In State v. Thompson, 516 So.2d 349 (La.1987), cert. denied, ___ U.S. ___, 109 S.Ct. 180, 102 L.Ed.2d 149, the Louisiana Supreme Court stated:

"The United States Supreme Court recently reexamined the evidentiary burden placed on a criminal defendant who claims that he has been denied equal protection through the state's exercise of peremptory challenges against members of his race. Formerly, the Swain [v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759 (1965) ] standard placed the burden on the defendant to prove that the state had systematically excluded blacks from juries over a period of time. State v. Williams, 445 So.2d 1171 (La. 1984). The Court in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) rejected this standard as a `crippling burden' and held that a defendant could establish a prima facie case of purposeful discrimination on evidence adduced solely from the state's exercise of peremptory challenges at his trial ... To establish a prima facie case under Batson, the defendant must show that he is a member of a cognizable racial group and that the state has exercised peremptory challenges to remove members of his race from the petit jury. In addition, all relevant circumstances may be considered to determine whether *42 the defendant has made the requisite showing. In this regard, the Court stated:
For example, a `pattern' of strikes against black jurors included in the particular venire might give rise to an inference of discrimination. Similarly, the prosecutor's questions and statements during voir dire examination and in exercising his challenges may support or refute an inference of discriminatory purpose. These examples are merely illustrative. We have confidence that trial judges, experienced in supervising voir dire, will be able to decide if the circumstances concerning the prosecutor's use of peremptory challenges creates a prima facie case of discrimination against black jurors.
Batson, 106 S.Ct. at 1723. Once the defendant makes this showing, the burden shifts to the state `to come forward with a neutral explanation for challenging black jurors.' Batson, 106 S.Ct. at 1723. A prosecutor may not rebut the defendant's prima facie case by merely stating that a potential juror would be partial to the defendant because of their shared race. The Court, however, `emphasize[d] that the prosecutor's explanation need not rise to the level justifying exercise of a challenge for cause.' Batson, 106 S.Ct. at 1723. Finally, the ultimate burden of persuasion is on the defendant."

During jury selection in the case sub judice, the State exercised nine peremptory challenges to excuse blacks. On the other hand the State accepted four blacks. Two of the blacks accepted by the State were challenged by the defense, one was seated on the jury, and the other was seated as an alternate. In explanation of its challenges, the State expressed an intended strategy to seat jurors with "some degree of education" because of the complexity of the case. The first challenged juror did not complete high school, had a sister working as a dispatcher with the police department, and gave answers which did not impress the State. With regard to the second challenged black, the State's only explanation was his failure to complete high school and the State's dissatisfaction with his responses during voir dire examination.

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Cite This Page — Counsel Stack

Bluebook (online)
552 So. 2d 39, 1989 WL 134883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-willis-lactapp-1989.