State v. Daniels, 176 So. 3d 735

Background

Defendant Terrence Daniels was convicted of two counts of possession of a firearm by a convicted felon, second-offense possession of marijuana, and possession of cocaine; concurrent sentences were imposed (twelve years hard labor and fines for the firearms counts; five years hard labor for the drug counts).
Officers executed a search warrant at Apartment P on June 3, 2010; officers observed defendant fleeing to a bedroom and found two loaded firearms under blue jeans in the living room; defendant’s clothing and personal items were next to the firearms.
Officers recovered firearms, magazines, ammunition, rolling papers, sandwich bags, a scale, marijuana (field-tested) and cocaine (lab-tested); defendant admitted he had slept in the apartment recently.
Detective Curt Johnson, the affiant on the search warrant application, testified for the defense at trial; the affidavit relied in part on a confidential informant who reported purchases of cocaine and crack from defendant and an alleged son.
Defendant sought a new trial based on alleged newly discovered evidence and claims that task force officers (including Johnson) were under federal investigation and had stolen money or falsified documents; the trial court denied the motion and this appeal followed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether newly discovered evidence or ends-of-justice warrant a new trial	State: trial evidence and record did not show grounds for new trial; defendant failed to meet statutory requirements	Daniels: federal investigation of task force members, alleged theft/falsified warrants show corruption and warrant new trial to explore witnesses’ credibility	Denied — trial court did not abuse discretion; defendant failed to identify witnesses/evidence, show diligence, or demonstrate materiality likely to produce acquittal
Sufficiency of allegations under C.Cr.P. art. 854 for new trial	State: defendant did not provide sworn factual allegations, witness names, or concise statements of new evidence	Daniels: claimed malfeasance and perjury by officers as new material evidence	Denied — motion lacked required sworn factual detail and evidence; hearings at which defense had questioned officers undermined claim
Whether record supports that Detective Johnson committed perjury or malfeasance affecting verdict	State: no record support of convictions or factual proof of misconduct	Daniels: points to unrelated allegations and federal probe against officers	Denied — no proof Johnson’s testimony was false; unlike cases where officer was later convicted, circumstances here differ and trial record contradicts claim
Whether any error patent requires corrective action	State: generally no second error-patent review but none was done previously so review necessary	Daniels: n/a (issue raised by court)	Remand ordered — correct Uniform Commitment Order to reflect May 2, 2012 adjudication date

Key Cases Cited

Miranda v. Arizona, 384 U.S. 436 (1966) (Miranda warnings required before custodial interrogation)
State v. Daniels, 128 So.3d 349 (La. App. 5 Cir. 2013) (prior opinion in defendant’s first appeal setting procedural history)
State v. Henry, 138 So.3d 700 (La. App. 5 Cir. 2014) (standard for appellate review of trial court’s denial of new trial)
State v. Onstead, 875 So.2d 908 (La. App. 5 Cir. 2004) (ends-of-justice new trial claims present nothing for appellate review)
State v. Everett, 156 So.3d 705 (La. App. 4 Cir. 2014) (new trial motion requirements and need for factual support on officer credibility)
State v. Lobo, 106 So.3d 1187 (La. App. 5 Cir. 2012) (generally no second error-patent review of matters decided in first appeal)
State v. Oliveaux, 312 So.2d 337 (La. 1975) (procedures for error-patent review)
State v. Weiland, 556 So.2d 175 (La. App. 5 Cir. 1990) (appellate review posture in error-patent analyses)
State v. Lyons, 134 So.3d 36 (La. App. 5 Cir. 2014) (procedures for correcting commitment/order clerical errors)
State ex rel. Roland v. State, 937 So.2d 846 (La. 2006) (authority on transmitting corrected commitment to corrections)