State v. Massey
97 So. 3d 13
La. Ct. App.2012Background
- Massey was convicted of second degree murder and felon in possession of a firearm; convictions and sentences affirmed.
- Indictment charged Massey and his co-defendant Eric Massey with murder; amended bill added felon-in-possession charge.
- Massey moved to suppress evidence and for severance; motions denied; trial on count one and bench trial on count two proceeded.
- Trial evidence included eyewitness Courtney Washington, autopsy showing eight gunshot wounds, ballistics linking weapons, a recovered 9 mm pistol, and DNA mixed results.
- A jailhouse recording of a telephone call between Massey and his father was admitted over objections; Massey raised multiple preservation and confrontation issues on appeal.
- Pro se assignments challenge Brady disclosure, Crawford concerns, and admissibility of ammunition and a handgun; appellate analysis discusses harmless-error standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of gun and search legality | State argues law-of-the-case supports denial; automobile exception and Gant justify search. | Motion to suppress should have been granted; red Pontiac search was unconstitutional and not justified by automobile exception. | Lawful seizure upheld; suppression denied under Gant/v. Ross framework. |
| Admission of jailhouse telephone recording | Recording shows witness tampering; admissible to prove intent/credibility; not a violation of ESA. | Recording was inadmissible under Electronic Surveillance Act and preservation rules. | Issue preserved but deemed non-prejudicial; admission sustained and harmless. |
| Cross-examination of eyewitness about bias | Court limited cross-examination about outstanding warrant; Davis v. Alaska permissible under confrontation. | Should have been allowed to explore bias and motive due to pending charges. | Harmless error; witness corroboration and overall strong case rendered cross-examination limitation harmless. |
| Crawford-related testimony by detective about witness Barker | Testimony about Barker’s statements and identifications should be admissible as part of investigation. | Detective Morales’s statements about Barker were hearsay and violated Crawford; mistrial warranted. | Contemporaneous objection waived; any error harmless and no mistrial required. |
| Admission of 9 mm handgun in trial for murder | 9 mm handgun is res gestae and relevant to count two; admissible to complete the story of the crime. | Handgun was prejudicial; should have been excluded from jury trial for count one. | Evidence admitted as res gestae; any error deemed harmless given other proof of guilt. |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (U.S. Supreme Court 2009) (automobile-search exception allows search if evidence might be found in vehicle)
- Davis v. Alaska, 415 U.S. 308 (U.S. Supreme Court 1974) (right to cross-examine a witness for bias under confrontation clause)
- Schexnayder, 685 So.2d 357 (La. 1996) (defense may question witness about attachments affecting credibility, harmless if other evidence strong)
- Delaware v. Van Arsdall, 475 U.S. 673 (U.S. Supreme Court 1986) (harmless-error standard for limited cross-examination)
- State v. Butler, 15 So.3d 1091 (La.App. 5 Cir. 2009) (res gestae and admissibility of other-crimes evidence within context of charges)
- State v. Johnson, 728 So.2d 901 (La.App. 5 Cir. 1999) (consolidated voir dire/admissibility considerations for simultaneously tried counts)
- State v. Schexnayder, 16 So.3d 418 (La. 2010) (contemporary object rule and preservation specifics on witness bias)