State v. Maize
223 So. 3d 633
| La. Ct. App. | 2017Background
- Defendant Jacoby Maize was convicted by a jury of seven felonies arising from events in April 2011: second-degree murder (Justin Hendricks), aggravated second-degree battery, two counts of possession of a firearm by a convicted felon, witness intimidation, aggravated arson, and aggravated assault with a firearm.
- Facts: following a domestic-violence episode at Hendricks’ house on April 24, Hendricks called 9-1-1; he was later shot and his house was set on fire; gasoline and two points of origin were found; the body showed a distant-range fatal gunshot and pre/post‑gunshot defensive cuts.
- Ms. Cecilia Cruz Maize was both an alleged victim of defendant’s domestic violence and a potential participant blamed by defendant for the murder/arson; multiple eyewitnesses described repeated abuse of Ms. Cruz by defendant.
- The State introduced other-crimes/res gestae evidence (prior shootings, beatings, drug transactions) and a 9‑1‑1 recording and lay witness statements recounting Hendricks’ calls; defendant challenged admission and joinder/severance and later raised ineffective assistance claims.
- Trial court denied severance and allowed the 404(b)/res gestae testimony and the challenged hearsay under exceptions; defendant was sentenced to various terms (including life without parole for murder). On appeal, convictions were affirmed, sentence for count seven was vacated as excessive for the statute in effect in April 2011, and the case was remanded to correct commitment paperwork and for resentencing on count seven.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Joinder / motion to sever (La. C.Cr.P. arts. 493, 495.1) | Joinder appropriate; evidence forms part of connected transactions and res gestae; jury instructions can mitigate prejudice | Counts involving Ms. Cruz (esp. count 7) should be severed as separate incidents that unfairly portray Maize as a bad person and prejudice his defense that Cruz was the perpetrator | Trial court did not abuse discretion denying severance: evidence was presented to keep counts distinct, jury instructed separately, and defendant failed to show specific prejudice; any misjoinder objection waived for failure to move to quash. |
| Admission of other-crimes/res gestae evidence (La. C.E. art. 404(B)) | Evidence of prior shootings/violence shows motive, intent, identity, absence of mistake and completes the narrative linking events over a short timespan | Such evidence was prejudicial and largely irrelevant (e.g., drug-sale testimony) and State’s 404(B) notice was untimely | Admission proper: res gestae and 404(B) exceptions applied (violent incidents were closely related in time/place and relevant to intent/identity); some timeliness objections waived; trial court did not abuse discretion. |
| 9‑1‑1 call and Romano’s hearsay (confrontation / excited utterance) | Call and Romano’s recounting were admissible as non‑testimonial/excited utterances describing an ongoing emergency | Statements were testimonial/self‑serving and too remote in time to be excited utterances, violating confrontation clause | Defendant waived appellate review of the 9‑1‑1 call by agreeing to redactions and no contemporaneous objection; Romano’s statements were admissible as excited utterances (declarant agitated, still cleaning blood); even if error, admission was cumulative and harmless. |
| Ineffective assistance of counsel (Sixth Amendment / Strickland) | N/A (defendant argued multiple trial counsel failures: not calling witnesses, no closing, juror strikes, failure to quash indictment, limited impeachment) | Trial strategy explains some choices; several claims lack sufficient record support on direct appeal and are more appropriate for post-conviction review | Most claims rejected or referred to post‑conviction relief where record is insufficient; strategic choices not presumptively deficient; several specific claims denied on the merits. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective assistance standard)
- State v. Colomb, 747 So.2d 1074 (res gestae and narrative-cohesion test for admissibility of other acts)
- State v. Deruise, 802 So.2d 1224 (joinder and admissibility of other crimes evidence principles)
- State v. Noten, 791 So.2d 607 (Prieur/other‑crimes admissibility must complete the story of the crime)
- State v. Mallett, 357 So.2d 1105 (misjoinder objection waiver where motion to quash not filed)