171 So. 3d 1063
La. Ct. App.2015Background
- Felton Bernard is convicted of four counts of first-degree murder under La. R.S. 14:30.
- Two separate crime scenes: Camelia Street (Lionell and Leon Miskell) and Dodt Street (Diane Miskell and John Robinson).
- Defense challenges include insufficiency of evidence and that firearms evidence lacks a valid scientific basis.
- Ballistic evidence linked all four victims to a single 9mm weapon; eyewitness Tony Bernard identified Bernard as shooter; Leon Miskell identified Bernard as shooter in statements.
- Non-unanimous jury verdicts are challenged as unconstitutional; sentences are argued to be excessive; the court upholds consecutive life sentences.
- Trial occurred after severance of co-defendants; multiple pretrial rulings and admissibility rulings (dying declaration and excited utterance) affected the record.
- The verdicts were entered in 2013 with life sentences on each count; sentences to run concurrently within pairs and consecutively between pairs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for counts 1 and 2 | Bernard identity proven by witness and ballistic link | Dying declaration hearsay; credibility issues | Sufficient evidence supporting conviction |
| Sufficiency of evidence for counts 3 and 4 based on firearm evidence | Firearm expert linked bullets to same gun | Firearm science not properly established | Sufficient ballistic basis; permissible expert testimony |
| Constitutionality of non-unanimous verdicts | Apodaca lineage supports non-unanimous verdicts | Right to unanimous verdict under evolving jurisprudence | Non-unanimous verdicts constitutional in Louisiana (Bertrand lineage) |
| Excessiveness of consecutive life sentences | Consecutive sentences warranted by two separate acts | Excessive; ineffective assistance claim | Consecutive life sentences affirmed; not excessive given two acts |
Key Cases Cited
- State v. Foret, 628 So.2d 1116 (La. 1993) (Daubert-based admissibility of expert testimony on ballistics)
- Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (U.S. 1993) (Gatekeeping reliability standard for scientific evidence)
- Apodaca v. Oregon, 406 U.S. 404 (U.S. 1972) (Non-unanimous verdicts permissible in state trials (historical baseline))
- McDonald v. City of Chicago, 561 U.S. 742 (U.S. 2010) (Unanimity requirement applicable to federal trials, not state; states retain non-unanimous verdicts)
- State v. Bertrand, 6 So.3d 738 (La. 2009) (Non-unanimous verdicts constitutional in Louisiana)
- State v. Barbour, 35 So.3d 1142 (La. App. 4th Cir. 2010) (Affirms constitutionality of non-unanimous verdicts; cert denied)
- Barbour v. Louisiana, 562 U.S. 1217 (U.S. 2011) (Certiorari denied; upholds state-law approach on unanimity)