156 So. 3d 46
La. Ct. App.2013Background
- Gilmore was convicted of second-degree murder after a second trial and sentenced to life without parole.
- Defendant challenged two credibility determinations: suppression of a custodial statement and suppression of an eyewitness identification.
- Indictment began as first-degree murder of Alissa Kovash; after mistrial, charge amended to second-degree murder.
- Victim and friend were attacked while walking; perpetrators fled with purses in a stolen Jeep; Hill and Gilmore were suspects.
- Knight identified Gilmore in a photographic lineup; defense alleged taint from pre-lineup exposure and intoxication; court denied suppression.
- Court affirmed conviction and sentence; two patent errors noted but non-corrective; appellate review upheld ruling on suppression issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Gilmore's statement properly admitted? | State argues statements were voluntary and rights advised. | Gilmore argues rights not properly advised; coercion claimed. | No abuse of discretion; statement voluntary; rights advised. |
| Was Knight's identification properly admitted? | State contends no impermissibly suggestive procedure. | Knight viewed articles online; argues potential taint and intoxication issues. | Identification suppression not warranted; no improper police suggestiveness; reliability for jury. |
Key Cases Cited
- State v. Gradley, 745 So.2d 1160 (La. 1998) ( credibility determinations on suppression vary; abuse of discretion standard)
- State v. Vigne, 820 So.2d 533 (La. 2002) ( custodial statements require voluntariness and rights advisement)
- Holmes v. State, 931 So.2d 1157 (La.App. 4th Cir. 2006) ( identification admissibility and reliability under proper procedures)
- Thibodeaux v. State, 750 So.2d 916 (La. 1999) ( standard for reliability of eyewitness identifications)
- Perry v. New Hampshire, 132 S. Ct. 716 (U.S. 2012) ( limits on pretrial suggestive procedures; reliability determined by trier of fact in absence of police misconduct)
- Offray v. State, 797 So.2d 764 (La. App. 4th Cir. 2001) ( identification procedures reviewed for abuse of discretion)
- State v. Williams, 800 So.2d 790 (La. 2001) ( statutory corrections can apply to illegal sentences)
- State v. Boudreaux, 966 So.2d 79 (La. App. 4th Cir. 2007) ( ministerial correction for illegal leniency arising from sentencing)