248 So. 3d 639
La. Ct. App.2018Background
- On Nov. 11, 2015 Brandon Albritton was shot in the head in an alley behind 205 Filhiol Ave.; he was kept on life support and died Nov. 15, 2015. A .380 shell casing was recovered; no gun or bullet was recovered.
- Robert Earl Bass, Jr. (Defendant) was indicted for second-degree murder and pled not guilty; jury trial began Jan. 17, 2017; convicted Jan. 19, 2017; sentenced to life at hard labor without benefit of probation, parole, or suspension.
- Multiple eyewitnesses placed Defendant at the apartment or walking from the alley shortly after a gunshot: Ronald Redfearn and Allison Roberts testified Defendant followed Albritton toward the alley and returned from the alley after a gunshot; Roberts and others said Defendant owned or was seen with a gun and had previously threatened Albritton.
- Driver Grant Cookston saw a black male ask for a ride just before the shooting and later had difficulty identifying the shooter in a photo lineup; he vacillated between two photos and initially selected a photo of someone later shown to have been incarcerated at the time.
- Sgt. Samehea Turner reported that Defendant approached her after the shooting and said, "that's not how it happened, they tried to rob me," which the State argued was inculpatory; forensic pathology concluded the wound was a close-range gunshot to the head.
- At trial a juror (Dr. Brown-Manning) disclosed mid-trial that, in her contract work as a physician, she had performed intake exams on two witnesses (Frith and Millien); the court excused her for cause over the State's objection that physician-patient privilege prevented adequate probing of potential bias.
Issues
| Issue | State's Argument | Bass's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict of 2nd° murder | Witness testimony places Bass at scene, saw him come from alley after shot, prior threats, ownership/possession of gun, and his statement to Turner; circumstantial evidence supports specific intent | No eyewitness or physical evidence directly links Bass; photo ID confusion; another man identified in lineup; Turner misinterpreted his words | Affirmed: viewing evidence in light most favorable to prosecution, rational juror could find Bass guilty beyond reasonable doubt; intent inferred from close-range headshot and other circumstantial facts |
| Dismissal of juror for cause mid-trial | Juror failed to disclose contract physician role and patient interactions with two witnesses; physician-patient privilege impeded full inquiry into potential bias | Juror said she could be fair and impartial; State didn’t show witnesses were booked while she worked there; no showing State would have used a peremptory at voir dire | Affirmed: court did not abuse discretion; privilege prevented adequate questioning and juror’s prior professional contact could influence credibility assessments |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency review: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- State v. Hearold, 603 So.2d 731 (La. 1992) (appellate standard for sufficiency and reviewing factfinder credibility)
- State v. Pigford, 922 So.2d 517 (La. 2006) (appellate court cannot substitute its view for the factfinder)
- State v. Broome, 136 So.3d 979 (La. App. 2 Cir. 2014) (definition and treatment of circumstantial evidence)
- State v. Davenport, 147 So.3d 137 (La. 2014) (juror-excusal and related procedural considerations)