State Of Louisiana v. Patricia M. Currie, 321 So.3d 978

Patricia M. Currie was represented by attorney Keith Couture in a 2012 bankruptcy matter; disputes arose over litigation strategy and a motion for reconsideration, and Couture moved to withdraw.
On Oct. 27, 2016 Currie entered Couture's office concealing a .410 shotgun under a towel, wore plastic bags on hands and feet, and had chambered ammunition; Couture found her in the reception area alone in the office.
Couture testified Currie lifted the shotgun, pointed it at his chest and said, I’m here to kill you; he wrestled the gun away and called for help; the gun was loaded and additional ammunition was found.
Currie admitted going to Couture’s office intending to “scare” him and said she loaded the gun that day, but denied cocking it, pulling the trigger, or aiming at his chest; she claimed the bags were to be “freakish” and to cover tracks.
A jury convicted Currie of attempted second-degree murder; the court sentenced her to 22 years at hard labor without benefits; Currie appealed challenging sufficiency of the evidence and excessiveness of the sentence.
The First Circuit affirmed both conviction and sentence, finding the victim’s testimony credible, specific intent to kill proved, and the sentence within statutory and constitutional bounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency: Was evidence sufficient for attempted 2nd-degree murder?	State: Currie had specific intent to kill—lying in wait, loaded gun, pointed at chest, said she would kill him.	Currie: Conduct amounted to aggravated assault/scaring; only threats/preparation, no act in furtherance of murder.	Affirmed: Evidence sufficient; victim testimony credible; specific intent and acts in furtherance proved.
Excessive sentence: Was 22-year hard-labor term excessive?	State: Sentence within statutory range and justified by aggravating factors, victim impact, lack of remorse.	Currie: 79 years old, no criminal history—sentence excessive.	Affirmed: Court considered Article 894.1 factors; sentence not grossly disproportionate or an abuse of discretion.

State v. Kalathakis, 563 So.2d 228 (La. 1990) (lying in wait with a loaded firearm can support an attempted-killing conviction)
State v. Ordodi, 946 So.2d 654 (La. 2006) (appellate review defers to rational factfinder credibility determinations)
State v. Eason, 293 So.3d 61 (La. App. 1st Cir. 2019) (standards for reviewing individual excessive-sentence claims and Article 894.1 compliance)
State v. Wallace, 754 So.2d 991 (La. App. 1st Cir. 1999) (discussion of dangerous circumstances and consequences for victims)
State v. Papizan, 256 So.3d 1091 (La. App. 1st Cir. 2017) (prosecutorial discretion to select charges)
State v. Walker, 775 So.2d 663 (La. App. 1st Cir. 2000) (district attorney may prosecute under general or special criminal provisions)
State v. Henderson, 762 So.2d 747 (La. App. 1st Cir. 2000) (definition and proof of specific criminal intent)