86 So. 3d 726
La. Ct. App.2012Background
- Brown was convicted of second degree murder and life imprisonment without parole, probation, or suspension of sentence.
- King was shot dead in his car outside Uncle Darrell’s Mini Market in East Carroll Parish on Nov. 12, 2008; Brown was identified as the shooter by multiple eyewitnesses.
- Brown was arrested the day after the shooting at his aunt’s house.
- Brown sought to introduce motive evidence suggesting others had a motive to kill King; trial court required a proper foundation for such character evidence.
- Brown’s recusal motion against Judge Crigler was denied after a hearing.
- Brown’s change-of-venue motion, based on pretrial publicity, was denied; trial occurred Oct. 2010 with a two-day jury verdict of guilty, followed by a life sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Brown | Brown | Conviction sustained; evidence viewed in prosecution’s favor supports intent to kill. |
| Evidence of others’ motives to kill | Brown sought to introduce victim’s criminal history for motive | State pretrial motion blocked such evidence absent foundation | No reversible error; Brown failed to lay necessary foundation for admission of victim’s record. |
| Motion for recusal | Judge Crigler biased due to campaign involvement | No demonstrated bias or conflict; recusal proper denial | No error; denial affirmed. |
| Motion for change of venue | Pretrial publicity prevented fair trial in parish | Courts should transfer venue given publicity | No abuse of discretion; record shows lack of pervasive external influence. |
| Challenges for cause during voir dire | Multiple jurors improperly challenged for cause; transcripts incomplete | Court correctly denied challenges for cause based on voir dire | No reversible error; denials upheld. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review requires rational finder of fact to determine essential elements beyond reasonable doubt)
- State v. Tate, 851 So.2d 921 (La. 2003) (recitation of sufficiency standard in Louisiana cases)
- State v. Pigford, 922 So.2d 517 (La. 2006) (credibility and weight of evidence; deference to jury's credibility determinations)
- State v. Casey, 775 So.2d 1022 (La. 2000) (credibility resolution within weight of evidence; cannot substitute own view of evidence)