106 So. 3d 1232
La. Ct. App.2012Background
- Indicted on four counts: attempted second-degree murder (14:27.30.1), second-degree murder of a known juvenile (14:30.1), felon in possession of a firearm (14:95.1), and obstruction of justice (14:130.1).
- Trial court convicted Chairs on counts 2–4 and acquitted him on count 1 after jury deliberations on September 23, 2011.
- Sentences imposed on October 12, 2011: life imprisonment without parole for second-degree murder, 20 years for felon-in-possession, and 40 years for obstruction; plus $1,000 fine.
- Events and evidence leading to conviction included: shooting at Cary Smoot on Sept. 12, 2009; multiple ballistics and DNA analyses; varying eyewitness and informant statements; a fatal stray bullet to a 7-year-old girl (P.D.) on Nov. 8, 2009.
- The State sought to introduce extensive forensic and testimonial evidence linking Chairs to the involved shootings; post-arrest statements and witness testimony connected Chairs to the events and to accomplices.
- On appeal, court reviews multiple assignments of error including indictment sufficiency, co-defendant testimony with immunity, mistrial rulings, Brady/Giglio issues, and sentencing defects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment sufficiency under short form | Chairs argues short form fails to specify statutory method | State contends short form compliance with 465(A)(32) and Page notice | Indictment valid; no abuse of discretion in denial of quashment |
| Co-defendants testifying with immunity in presence of jury | Chairs argues violation of confrontation and prejudice | State contends Namet analysis supports admission | No reversible error; Namet two-step test satisfied |
| Mistrial claims: Doyle, Giglio, emotional displays, other-crimes | Mistrial warranted due to Doyle issue, Giglio and prejudice from displays | Trial court acted within discretion denying mistrial | Denials upheld; no abuse of discretion; rulings within wide discretion |
| Brady/Giglio violations re McKenzie deal | Withheld reports potentially favorable/impeaching evidence | No prejudice shown; defense aware of deal; disclosure late but not material | No Brady/Giglio error; no reasonable probability of different outcome |
| Illegal sentence; need for resentencing and ruling on motions | Sentence for felon-in-possession exceeds statutory maximum | Irregular sentencing should be corrected | Convictions affirmed; sentencing on 14:95.1 vacated and remanded for resentencing; remand for ruling on motion to reconsider |
Key Cases Cited
- State v. Page, 28 So.3d 442 (La.App. 5 Cir. 2009) (short form indictment sufficient to notify charges; discovery aid provided)
- State v. Draughn, 950 So.2d 583 (La. 2007) (upheld constitutionality of short form indictments)
- Namet v. United States, 373 U.S. 179 (1963) (twofold Namet inquiry: prosecutorial wrongdoing and weight of refusal to testify)
- Doyle v. Ohio, 426 U.S. 610 (1976) (post-arrest silence impeachment violates due process; analyze prejudice)
- State v. Bell, 446 So.2d 1191 (La. 1984) (trial court may respond to defense opening by showing investigation was thorough)
- State v. Garrick, 870 So.2d 990 (La. 2004) (three elements of Brady claim; suppression and prejudice standard)
- United States v. Bagley, 473 U.S. 667 (1985) (materiality standard for suppression of evidence)