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112 So. 3d 796
La.
2013
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Background

  • Defendant Lewis challenged a district court ruling prohibiting a back strike of provisionally accepted juror Wolfe under La.C.Cr.P. art. 799.1.
  • The murders occurred July 24, 2002; Lewis and co-defendant Anderson were indicted on two counts of murder.
  • Wolfe was seated after the voir dire; defense sought a back strike at end of the fourth venire panel but was denied.
  • Trial (2010) resulted in guilty verdicts on both counts and life sentences; defendant moved for mistrial over non-unanimous verdict challenges.
  • Court of Appeal affirmed convictions, applying harmless error analysis to the denial of the back strike; this Court granted certiorari to reconsider the remedy.
  • The issue is the proper remedy when a back-strike right is denied in violation of Art. 799.1; whether harmless-error analysis remains the correct standard.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the denial of a back strike under Art. 799.1 is subject to harmless-error review. State argues Taylor harmless-error standard applies. Lewis argues automatic reversal or different standard should apply. Harmless-error standard applies; not automatic reversal.
Whether the state failed to prove that the error was harmless beyond a reasonable doubt. State contends the verdicts were surely unattributable to Wolfe's presence. Lewis contends the presence of Wolfe could have affected outcomes; burden not met. State failed to prove the verdicts were surely unattributable to the error.
Whether Taylor’s harmless-error framework remains appropriate after Art. 799.1. State relies on Taylor as controlling. Lewis argues Taylor should not govern post-799.1 violations. Taylor’s harmless-error framework remains the appropriate standard.
What is the proper remedy for a violation of Art. 799.1 in this context? State seeks reliance on harmless-error review to affirm convictions. Lewis seeks reversal/remand for new trial. Convictions reversed, sentences vacated, remanded for new trial.
Does this case implicate constitutional peremptory-challenge rights or only statutory ones? State treats as statutory right. Lewis argues constitutional implications extend to back strikes. The remedy decision rests on state-law harmless-error analysis, not constitutional invalidation.

Key Cases Cited

  • Taylor, 669 So.2d 864 (La. 1996) (back strikes and harmless-error analysis after misapplication of Art. 799.1)
  • State v. Watts, 579 So.2d 931 (La. 1991) (early rule on back strikes tied to voir dire and challenges)
  • State v. Monroe, 366 So.2d 1345 (La. 1978) (presumption of prejudice when peremptory challenges are misused to correct cause issues)
  • Sullivan v. Louisiana, 508 U.S. 275 (1993) (harmless-error standard for non-structural errors in criminal trials)
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Case Details

Case Name: State v. Lewis
Court Name: Supreme Court of Louisiana
Date Published: Mar 19, 2013
Citations: 112 So. 3d 796; 2013 WL 1115398; 2013 La. LEXIS 567; No. 2012-K-1021
Docket Number: No. 2012-K-1021
Court Abbreviation: La.
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