State v. Wright

445 So. 2d 1198
CourtSupreme Court of Louisiana
DecidedJanuary 16, 1984
Docket82-KA-2012
StatusPublished
Cited by554 cases

This text of 445 So. 2d 1198 (State v. Wright) 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. Wright, 445 So. 2d 1198 (La. 1984).

Opinion

445 So.2d 1198 (1984)

STATE of Louisiana
v.
Donald Wayne WRIGHT.

No. 82-KA-2012.

Supreme Court of Louisiana.

January 16, 1984.
Rehearing Denied February 15, 1984.

*1199 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Nathan Stansbury, Dist. Atty., Michelle Jackson, Asst. Dist. Atty., for plaintiff-appellee.

Hank Seldon Hannah, Hannah, Cook & Kaufman, Lafayette, for defendant-appellant.

BLANCHE, Justice.

Defendant was arrested and indicted for the murder of his wife in a Lafayette motel room on December 6, 1981. After a jury trial, defendant was found guilty of second degree murder and sentenced to life imprisonment. From that conviction, defendant has appealed, alleging eight assignments of error.

FACTS

The events leading to the death of defendant's wife began on December 3, when Donald Wright arrived in Lafayette from his home in Center, Texas to attend a two-day drilling school sponsored by his employer. At the time of his arrival, he was accompanied by a female companion, one Trina Honnicut. Defendant apparently slept with Ms. Honnicut in his motel room on the first night; however, on the following evening, he was joined in Lafayette by his wife, Virginia Lee Wright. The purpose of this visit is somewhat unclear. According to defendant, he and his wife enjoyed a great deal of extramarital sexual freedom, and Mrs. Wright was coming to Lafayette to "go out and be picked up by another man." Tr. Vol. 3, R., p. 421. The Wrights went out on the evening of December 5 in separate cars. At some later stage of the evening, defendant returned to the motel and began arguing with his wife.

At approximately 5:30 a.m. on December 6, 1981, defendant called the front desk of the motel and requested an ambulance. Police arrived twenty minutes later and found Mrs. Wright lying on one of the beds, bleeding profusely from the mouth and ear. Defendant told police at the time that he and his wife had been arguing, and that in attempting to rise from the bed, Mrs. Wright fell and struck her head on the floor. Mrs. Wright was taken to a nearby hospital where she was examined by Dr. Thomas Bertuccini, a neurosurgeon. Dr. Bertuccini performed emergency surgery to relieve the victim's internal hemorrhaging, and found two fractures of the victim's skull—one at the base of the skull, and another of the temporal bone behind the right ear. Despite the efforts of the surgeons, Mrs. Wright died of cardiac arrest within three hours of arrival.

Subsequent to Mrs. Wright's death, an autopsy was conducted and the cause of death determined to be hemorrhaging as a result of the basilar skull fracture. In addition, the coroner found a number of bruises on the victim's legs and right breast. In response to police questioning, the coroner expressed the view that the victim's injury was inconsistent with a fall from a bed. Thereafter, defendant was placed under arrest for the murder of Mrs. Wright.

After being taken into custody, defendant made a taped statement to police in which he described returning to the motel to find his wife in bed with another man. A violent argument then began between *1200 defendant and his wife during which the defendant admitted slapping her. However, defendant maintained that during this episode his wife accidentally slipped and fell from the bed injuring her head.

At trial on the merits, the prosecution introduced no eyewitnesses, but relied on the testimony of several expert witnesses. Both the operating surgeon and the coroner testified that it was highly improbable that an injury as severe as Mrs. Wright's could have been incurred by a fall from a 20" high bed. On cross-examination, however, both physicians admitted that such an injury was within the realm of possibility from the fall in question. The defense offered three expert witnesses, qualified in neurosurgery and neuropathology. The first witness had treated Mrs. Wright for a previous skull fracture in 1973 and indicated that Mrs. Wright may have had a pre-existing weakness in the skull as well as a continuing difficulty in balancing herself. The other two witnesses testified that the earlier injury could have contributed to the fatal fracture and that it was a reasonable hypothesis that a fall from 20" onto the motel room floor had caused the skull fracture.

Defendant also took the stand in his own behalf, and testified to facts slightly different from those given in his previous statements. At trial, defendant explained the promiscuous nature of his marriage, and stated that he and his wife had planned for her to meet another man in Lafayette. The argument with his wife ensued, he claimed, when he found his wife performing oral sex on the man—a practice the Wrights had apparently agreed to reserve for one another. Defendant once more admitted to slapping his wife and shaking her; however, his testimony as to the fall was essentially the same. Defendant claimed his wife tried to stand on the bed and lost her balance, falling backwards onto the floor.

After hearing this testimony, the jury was retired at 11:00 p.m. on the second day of trial. At 3:00 a.m., the jury returned with a verdict of guilty of second degree murder.

Assignment of Error Nos. 1 and 2

By these assignments, defendant complains of conduct by the trial judge which defendant contends constitutes improper comment on the evidence. The conduct in question occurred while the defendant was testifying on direct examination. According to defendant, the trial judge abruptly left the bench, without ordering a formal recess or offering any explanation to the jury. Defendant maintains that the unexplained behavior, coming as it did at a crucial point in defendant's testimony, amounted to non-verbal comment on the credibility of defendant's testimony. On the other hand, the state contends that the trial judge made no comment remark, or other inference which indicated in any way her disbelief of defendant's testimony. The record itself shows that after the defendant had finished describing the condition of his wife on the floor of their motel room, the court stated:

"Excuse me. I hate to interrupt. We're going to take a short recess. The court will be in short recess."

We find that this assignment lacks merit. At the conclusion of the recess, defendant moved for a mistrial. In denying the motion, the trial judge explained that the recess was provoked by her concern that the defendant was about to lose control emotionally on the stand, as he described his attempts to assist his dying wife. While an outburst of this nature may or may not have been imminent, we consider such action within the trial judge's discretion if the judge reasonably believed it was necessary in order to maintain the composure of a witness so as to preserve order in the courtroom.

Defendant correctly points out that improper comment on the evidence may constitute reversible error. State v. Lonigan, 263 La. 926, 269 So.2d 816 (1972), State v. Green, 231 La. 1058, 93 So.2d 657 (La.1957). Clearly, in some instances, nonverbal conduct could constitute comment on the evidence. Furthermore, a trial judge, while possessing much discretion to regulate the time and number of recesses, *1201 should expressly refrain from interrupting the crucial testimony of a witness where a recess is not requested by a party and is not demanded by an emergency.

We do not consider that the recess called by the trial judge in this case constituted an impermissible comment on the evidence.

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Bluebook (online)
445 So. 2d 1198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wright-la-1984.