163 So. 3d 71
La. Ct. App.2015Background
- Defendant Stanley Berniard was indicted for second-degree murder for the August 15, 2010 shooting death of Alvin Crosby; a jury convicted him after a three-day trial and he was sentenced to life without benefit of parole.
- LSU medical-facility surveillance video captured a light-skinned Black male in a white T-shirt approach the victim’s car and fire multiple shots; the video and enhanced stills were played at trial.
- Detective Ryan Aucoin, ATF Agent Jason Townsend, eyewitness Chaz Adams, and Kerry Johnson all identified Berniard from the video and club photographs; Adams also testified he personally saw the shooting after leaving Club NV.
- Investigators recovered club photos placing Berniard at Club NV shortly before the shooting; ATF analyst compared video images and club photos for clothing/lettering and watch details.
- Defense raised multiple trial objections: alleged misidentification, prosecutor and judge prejudicial comments, late disclosure of a witness (Brady/continuance), media exposure of jurors, improper opinion testimony identifying the shooter, ineffective assistance due to a jail transfer, and cumulative error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency / identity of shooter | State: video, eyewitness Adams, and multiple witnesses’ identifications sufficiently proved Berniard’s identity and specific intent to kill | Berniard: State failed to negate reasonable probability of misidentification | Court: Evidence (video + Adams + corroborating IDs) sufficient; conviction affirmed |
| Improper comments by judge/prosecutor (fair trial) | State: comments were within bounds of advocacy; jury instructed; comments harmless given evidence | Berniard: trial court’s tone and prosecutor’s personal remarks (e.g., referencing counsel’s Oregon origin) prejudiced jury | Court: remarks were not so inflammatory as to influence verdict; no reversible error |
| Brady / last-minute witness disclosure & continuance | State: prior rulings and writ denial showed no abuse; witness bias not withheld Brady material | Berniard: late disclosure of Kerry Johnson’s bias required continuance or exclusion | Court: issue already rejected by this court on writ; law-of-the-case applies; no relief |
| Media exposure and individual juror voir dire / mistrial | State: no evidence jurors actually read article; group questioning was adequate | Berniard: jurors may have seen NOLA.com article; required individual voir dire or mistrial | Court: no evidence of exposure or prejudice; broad discretion exercised properly; no mistrial warranted |
| Admission of lay and ATF analyst opinion ID testimony | State: witnesses had personal familiarity; lay opinion and image comparisons assist jury | Berniard: identifications and analyst’s comparisons improperly usurped jury and were expertized without qualification | Court: testimony met La. C.E. arts. 701/703 standards for perception-based opinion; admission not an abuse of discretion |
| Ineffective assistance of counsel (jail transfer limited access) | Berniard: transfer to another parish restricted counsel access pretrial, impairing defense | State: record shows conflicting orders; insufficient record on direct appeal to resolve Strickland claim | Court: record inadequate for direct review; claim deferred to post-conviction relief |
| Cumulative error | State: individual rulings were correct; errors (if any) harmless | Berniard: combined errors denied a fair trial | Court: cumulative-error doctrine inapplicable where assigned errors lack merit; conviction affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of evidence under due process)
- Manson v. Brathwaite, 432 U.S. 98 (U.S. 1977) (factors for reliability of eyewitness identification)
- State v. Draughn, 950 So.2d 583 (La. 2007) (circumstantial-evidence rule and cumulative-error discussion)
- State v. Everrett, 96 So.3d 605 (La. 2012) (identity and intent; eyewitness identification standards)
- State v. Mussall, 523 So.2d 1305 (La. 1988) (appellate review of credibility and sufficiency)
- State v. Wheeler, 416 So.2d 78 (La. 1982) (limits on witness opinions about ultimate criminality)
- State v. Montana, 421 So.2d 895 (La. 1982) (officer’s opinion on ultimate issue can be improper)