214 So. 3d 124
La. Ct. App.2017Background
- In 2011 Kenneth “Bud” Jones (associated with the Back of Town gang) was charged with two counts of attempted second-degree murder and one count of being a felon in possession of a firearm arising from a drive-by shooting that wounded Jeremiah Harris; Merlin Smothers was also targeted.
- Evidence included eyewitness ID by Harris, FBI interviews in which some witnesses (including Merlin and others) initially implicated Jones but later recanted at trial, recovery of a discarded AK-47 with DNA matching Jones as the major contributor, and ballistics linking casings to that AK-47.
- The State offered prior uncharged drive-by shootings and gang-affiliation evidence (four other incidents) under Prieur/La. C.E. art. 404(B) to prove motive, intent, plan, identity, and opportunity.
- The jury convicted Jones on all counts; he admitted being a second felony offender and was resentenced as a habitual offender to concurrent 100-year terms on each attempted-murder count and 20 years on the felon-in-possession count.
- On appeal Jones raised seven evidentiary and procedural errors (including Batson challenges, admissibility of other-crimes evidence, insufficiency of evidence, prosecutorial comment on lack of confession, and unrecorded bench conferences) and argued his sentences were excessive. The court affirmed convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence (attempted murder; felon-in-possession) | State: DNA, ballistics, eyewitness ID, gang-motive evidence support convictions | Jones: recantations, lack of direct ID at firearm recovery, alternate possessor testimony render evidence insufficient | Affirmed: viewing evidence in light most favorable to prosecution, a rational juror could find guilt beyond reasonable doubt (Jackson standard) |
| Batson and reverse-Batson challenges | State: rebutted defense Batson with reasons; raised reverse-Batson when defense struck white jurors | Jones: trial court erred by (a) implicitly finding prima facie Batson for prosecution without full compliance, (b) shifting burden to defense on reverse challenge | Affirmed: trial court’s procedure acceptable on this record; seated juror after plausibility assessment; no structural error requiring reversal |
| Admissibility of other-crimes (Prieur / La. C.E. art. 404(B)) | State: pretrial Taylor-compliant showing that sufficient evidence supported finding Jones committed other acts; evidence relevant to motive, intent, identity; probative > prejudicial | Jones: State failed to prove other acts at pretrial; recantations undermined admissibility; undue prejudice | Affirmed: under State v. Taylor the State made the required sufficient-evidence showing at pretrial; recantations went to weight, not admissibility; trial court did not abuse discretion in admitting evidence and giving limiting instruction |
| Prosecutorial remarks (reference to lack of confession) | State: closing confined to evidence and permissible argument | Jones: comment about not having a confession violated Fifth Amendment and warranted mistrial | Denied relief: Jones did not object at trial; remark was unnecessary but not shown to have influenced jury to a degree requiring reversal |
| Missing/unrecorded bench conferences | Jones: eighteen unrecorded sidebars denied complete appellate record and may conceal material rulings (e.g., insinuations re: murder of third party) | State: bench conferences are not per se recorded; materiality not shown; defendant failed to object or request recording | Affirmed: omissions were not shown to be material; defendant failed to preserve objections; record adequate for appellate review |
| Excessive sentence under state constitution | State: habitual-offender resentencing within statutory range justified by violent course of conduct and prior felony | Jones: concurrent 100-year terms effectively life imprisonment and excessive | Affirmed: trial court complied with La. C.Cr.P. art. 894.1; maximum habitual-offender sentences are within statutory authority and not grossly disproportionate given offense severity |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes constitutional standard for sufficiency review)
- Batson v. Kentucky, 476 U.S. 79 (prohibits race-based peremptory strikes; three-step Batson framework)
- Purkett v. Elem, 514 U.S. 765 (race-neutral explanations need not be persuasive or plausible to satisfy step two)
- Miller-El v. Dretke, 545 U.S. 231 (trial court must assess plausibility of proffered reasons in Batson context)
- Rivera v. Illinois, 556 U.S. 148 (not all jury-selection errors are structural; reversal not automatic absent fundamental unfairness)
- State v. Taylor, 217 So.3d 283 (La. 2016) (clarifies Prieur framework; State need only show sufficient evidence at pretrial to support finding defendant committed other acts under La. C.E. art. 404(B))
- Mussall v. State, 523 So.2d 1305 (La. 1988) (credibility determinations by trier of fact entitled to great deference)
- Dorthey v. State, 623 So.2d 1276 (La. 1993) (habitual-offender sentencing review and excessive sentence principles)