287 So.3d 13
La. Ct. App.2019Background
- Defendant Chaddrick Piper was charged with domestic abuse battery (strangulation) and home invasion; he waived a jury and was tried by bench.
- Trial court found Piper guilty of domestic abuse battery (strangulation) and of the lesser-included offense of unauthorized entry of an inhabited dwelling.
- Victim Breah testified Piper entered her apartment after his release from jail, locked the door, forced her toward/into a bathtub, held her under/strangled her, and struck her; Piper denied the choking and claimed he was invited in.
- The State gave LSA-C.E. art. 404(b) notice of prior similar incidents between Piper and Breah; the defense made only minimal contemporaneous objections at trial and did not secure a Prieur hearing on the record.
- After conviction the State filed a habitual-offender bill; Piper admitted the allegations and was adjudicated a third-felony habitual offender and given consecutive sentences (later challenged).
- The court of appeal affirmed the convictions, rejected challenges to the 404(b) evidence and record completeness, reversed/vacated the habitual-offender adjudication and sentences, and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of other-crimes evidence / Prieur hearing (Assignments 1 & 2) | Prior acts were admissible under LSA-C.E. art. 404(b) to show motive, intent, opportunity; probative value outweighed prejudice. | Trial court failed to hold a Prieur hearing; prior-act evidence was weak, prejudicial, and not independently relevant. | Defendant failed to timely object on these grounds; evidence was independently relevant and admissible; even if error, admission was harmless. |
| Completeness of appellate record re: 404(b) ruling (Assignment 3) | Record contains the trial court's ruling allowing the evidence; no missing transcript prejudice; presumption of regularity. | Transcript omissions suggest a missing Prieur hearing or other off-record rulings—material omission requiring reversal. | No material omission shown; court found no prejudice from alleged missing portions; assignment without merit. |
| Sufficiency of evidence for unauthorized entry (Assignment 4) | Victim's testimony and protective order show Piper entered without permission and knew he was not allowed; evidence sufficient. | Piper contends it was his residence and he was retrieving belongings; no forced entry or express denial. | Appellate court affirmed—viewing evidence in light most favorable to State, a rational factfinder could find unauthorized entry beyond a reasonable doubt. |
| Validity of habitual-offender adjudication (Assignment 5) | Defendant admitted habitual status; court proceeded with adjudication. | Trial court failed to advise defendant of right to a hearing and to remain silent; State introduced no documentary proof of prior convictions. | Reversible error: court vacated the habitual-offender adjudication and sentences and remanded for resentencing because defendant was not advised and State presented no competent proof. |
Key Cases Cited
- State v. Prieur, 277 So. 2d 126 (La. 1973) (Prieur hearing requirement for admission of other-crimes evidence)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of the evidence review)
- Sullivan v. Louisiana, 508 U.S. 275 (U.S. 1993) (harmless-error test—verdict must be "surely unattributable" to the error)
- State v. Odenbaugh, 82 So. 3d 215 (La. 2011) (erroneous admission of other-crimes evidence is trial error subject to harmless-error review)
- State v. Scales, 655 So. 2d 1326 (La. 1995) (probative value vs. unfair prejudice balancing under La. C.E. art. 403)
- State v. Calloway, 1 So. 3d 417 (La. 2009) (affirming convictions under similar standards)
- State v. Cousin, 240 So. 3d 954 (La. App. 1st Cir. 2017) (habitual-offender advisement and right to remain silent considerations)