96 So. 3d 1165
La. Ct. App.2012Background
- Lewis and co-defendant Anderson were indicted for two July 24, 2002, killings of Travis Webb and Daveion Jones.
- Anderson's pretrial motion to strike constitutional issues was denied; Lewis did not join.
- Lewis was convicted on two counts of second-degree murder after a four-day trial (March 11, 2010).
- Lewis challenged non-unanimous verdict provisions under Article I § 17 and La. C.Cr.P. art. 782(A).
- He separately challenged the denial of a backstrike to juror Wolfe under La.C.Cr.P. art. 799.1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutional validity of non-unanimous verdicts preserved? | Lewis contends Article I § 17 and Art. 782A violate equal protection. | State/Anderson argued preserved objection; Lewis failed to object pre-verdict. | Issue waived; post-verdict mistrial not proper under law. |
| Non-unanimous verdicts violate Sixth/Fourteenth Amendments? | Bertrand/precedent requires rejection of non-unanimous verdicts. | United States Supreme Court jurisprudence allows non-unanimous verdicts. | Bertrand governs; non-unanimous verdicts do not violate those amendments. |
| Denial of backstrike to identified juror Wolfe violated Art. 799.1? | Backstrike right existed; denial prejudiced trial. | Error harmless; backstrike not required to be exercised earlier. | Court erred in denying backstrike but affirmed verdicts under harmless-error analysis. |
Key Cases Cited
- State v. Bertrand, 6 So.3d 738 (La. 2009) (non-unanimous verdicts not unconstitutional under current law)
- State v. Taylor, 669 So.2d 364 (La. 1996) (harmless-error review of back-strike decisions)
- State v. Hailey, 863 So.2d 564 (La.App. 4th Cir. 2003) (back-strike rights; harmless-error analysis applied)
- State v. Plaisance, 811 So.2d 1172 (La.App. 4th Cir. 2002) (back-strike recognition; harmless-error framework)
- State v. Watts, 579 So.2d 931 (La. 1991) (peremptory challenges timing)
- State v. Cross, 658 So.2d 683 (La. 1995) (prejudice when peremptory challenges exhausted)
- State v. Johnson, 664 So.2d 94 (La. 1995) (distinction between trial and structural errors)
- Sullivan v. Louisiana, 508 U.S. 275 (1993) (harmless-error standard for trial errors)