State of Louisiana v. Terrence Keith Wilson
353 So.3d 389
La. Ct. App.2022Background
- May 5, 2021: Terrence Wilson went to his then-wife Sameka Leonard’s home to discuss a joint bank account; a verbal dispute became physical and both parties called 911.
- Leonard exhibited a cut lip and swollen nose; State introduced a photo, Leonard’s written statement, 911 calls, and officer bodycam footage.
- Wilson was charged with domestic abuse battery (La. R.S. 14:35.3); a Gwen’s Law hearing set bond and a protective order and required surrender of a firearm.
- Bench trial held March 31, 2022: Leonard testified Wilson struck her in the face; Wilson testified he acted in self-defense and that her lip injury occurred when his finger entered her mouth during a scuffle.
- Trial court found Wilson guilty and sentenced him to four months with all but seven days suspended, $300 fine and costs; Wilson timely filed an appeal which the court converted to a supervisory writ and affirmed the conviction.
Issues
| Issue | State's Argument | Wilson's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove domestic abuse battery (intentional use of force) | Evidence (victim statement, photo, 911 calls, bodycam, officer testimony) supports conviction beyond a reasonable doubt | Evidence was insufficient and inconsistent; victim’s testimony conflicted at earlier hearing | Affirmed — viewed in the light most favorable to prosecution, evidence was sufficient to prove intentional use of force |
| Weight/credibility of victim’s conflicting testimony | Trial court may credit victim’s account despite minor inconsistencies | Prior inconsistency (Gwen’s Law hearing) undermines credibility | Held for State — credibility determinations are for the trier of fact and not disturbed absent clear contradiction with record |
| Self-defense raised by Wilson | State: no evidence Wilson was justified in using force; only victim injured | Wilson: Leonard was aggressor; he acted to defend himself | Rejected — record supports trial court finding Wilson was aggressor and self-defense not shown |
| Procedural posture: appealability of misdemeanor conviction | State: appeal was filed timely; appellate court may convert to writ and exercise supervisory jurisdiction | Wilson: filed appeal (but misdemeanor conviction generally not appealable) | Court converted the timely appeal to a supervisory writ and reviewed and affirmed the conviction |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (sets standard for sufficiency review)
- State v. Freeman, 427 So.2d 1161 (La. 1983) (non-homicide self-defense requires objective and subjective inquiry)
- State v. Walker, 929 So.2d 155 (La. App. 4 Cir.) (no right of appeal from a misdemeanor conviction)
- State v. Huckabay, 809 So.2d 1093 (La. App. 4 Cir.) (conflicting statements affect weight, not sufficiency)
- State v. Marshall, 943 So.2d 362 (La. 2006) (credibility determinations are for the trier of fact)
- State v. Wells, 64 So.3d 303 (La. App. 4 Cir.) (witness testimony, if believed, can support conviction)