State v. Carter
75 So. 3d 1
La. Ct. App.2011Background
- Carter charged by four-count information; MDMA count nolled, trial proceeds on Counts 1, 3, and 4.
- A 12-person jury found Carter guilty on Counts 1 and 3 and Count 4; one undisclosed count reportedly nonunanimous 11–1.
- Judgment imposed 25-year concurrent terms on Counts 1 and 3 and a 15-year consecutive term on Count 4 with statutory firearm and cocaine sentence restrictions.
- Pretrial motion to suppress evidence from a warrant was denied; suppression record indicates a controlled buy preceded the warrant.
- Evidence at trial included a large amount of marijuana and cocaine, scales, and weapons seized from a vehicle trunk on the premises; expert testimony tied quantities and packaging to distribution.
- Habitual offender proceedings later led to an enhanced sentence for Count 3, reflected in a June 14, 2010 commitment/minute entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression ruling was preserved and proper scope of warrant. | Carter argues overbroad search beyond warrant scope. | Overbreadth violated Fourth Amendment scope. | Waived; even if preserved, warrant allowed vehicle search on premises. |
| Whether nonunanimous verdict violated Carter's Sixth Amendment rights. | Nonunanimous verdict unconstitutional under the Sixth Amendment. | Louisiana permissible under Article 782(A) and Apodaca lineage. | Ma tters of nonunanimous verdict upheld; constitutional challenges rejected. |
| Whether prosecutorial misconduct claims were preserved and supported. | Prosecutor allowed fraudulent testimony and inconsistent representations. | No contemporaneous objection; claims unsubstantiated. | Waived due to failure to object; record does not support misconduct. |
| Whether error patent requires remand for sentencing document corrections. | Commitments inaccurately reflect consecutive/concurrent terms. | Remand; correct minute entries to align with transcript and orders. |
Key Cases Cited
- State v. Montejo, 40 So.3d 952 (La. 5/11/10) (waiver of suppression arguments on appeal; preservation requirement under La.C.Cr.P. art. 841(A))
- State v. Smith, 827 So.2d 1122 (La. 2002) (warrant scope includes vehicle on premises when capable of concealing contraband)
- State v. Bertrand, 6 So.3d 738 (La. 2009) (nonunanimous verdicts allowed in certain cases; Fifth Amendment considerations rejected)
- Apodaca v. Oregon, 406 U.S. 404 (U.S. 1972) (plurality holding upheld nonunanimous verdicts in state felony trials; later developments cited)
- State v. Barbour, 35 So.3d 1142 (La. App. 4 Cir. 2010) (contemporary objection issues related to unanimity; cert denied)