State v. Boyer
56 So. 3d 1119
La. Ct. App.2011Background
- Defendant Jonathan Boyer appeals convictions for second degree murder and armed robbery with a firearm and corresponding life and 99-year sentences plus 5-year firearm enhancement.
- Victim Bradlee Marsh was killed after Boyer allegedly demanded money and fired three shots; gunfire occurred on a Sulphur, Louisiana road.
- Defendant and his brother were apprehended in Florida; trial occurred September 22–29, 2009 with post-trial motions denied.
- The indictment was originally for first degree murder; charge reduced to second degree murder in 2007; armed robbery charge added.
- Defendant did not move to reconsider sentences, but objected in court; appeals consolidated from both lower docket numbers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy trial rights violated? | State argues no statutory or constitutional violation | Boyer asserts seven-year delay violated Barker factors | No constitutional/statutory violation; delay largely due to funding. |
| Double jeopardy challenge | State proffers separate proofs for murder and robbery | Convictions for both offenses violate Blockburger/ same-evidence | Not a double jeopardy violation; offenses not identical under Blockburger; separate elements. |
| Joinder of offenses | State may consolidate offenses under La.C.Cr.P. 706 | Defendant objected but failed to preserve error | No error; consolidation waived; proper under law. |
| Admissibility of prior testimony transcript (unavailable witness) | Prosecution offered transcript under 804(B)(1) and related authorities | Right to confrontation and reliability concerns; challenge to use | Court did not err; prior testimony admissible with proper conditions and redactions; similar-motive analysis applicable. |
| Suppression of confession and voluntariness | State proved voluntary, informed confession | Traumatic arrest and mental health raised coercion concerns | Confession found voluntary; suppression denied. |
Key Cases Cited
- State v. Hills, 379 So.2d 740 (La.1980) (competency stays; capacity to proceed; 642 Article)
- State v. Ball, 824 So.2d 1089 (La.2002) (prior testimony admissibility; similarity of motive)
- Ohio v. Roberts, 448 U.S. 56 (U.S. 1980) (reliability and cross-examination standard for prior statements)
- State v. Hills, 379 So.2d 740 (La.1980) (repeated for emphasis on admissibility standards)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four-factor test for speedy-trial violation)
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932) (same-elements test for multiple offenses)
- State v. Davies, 813 So.2d 1262 (La.App.2 Cir. 2002) (double jeopardy; underlying facts not identical)