83 So. 3d 178
La. Ct. App.2011Background
- Corey Miller, aka C-Murder, was indicted for second-degree murder; trial began Aug. 3, 2009, and the jury found him guilty on Aug. 11, 2009; he was sentenced to life without parole on Aug. 14, 2009.
- Shooting occurred at Platinum Club in Jefferson Parish in the early hours of Jan. 12, 2002; victim Steve Thomas, 16, died from a single gunshot wound.
- Security witness Darnell Jordan testified that he fought and then saw Miller near the fight; he claimed to see a gun flash but did not personally identify Miller as shooter.
- Darnell later stated to detectives that Miller was the shooter; he identified Miller in a photo lineup and testified at trial.
- Detectives and other witnesses provided differing identifications and accounts; Denise Williams initially identified Derrick Taylor but later admitted lying; Darnell’s and others’ testimonies were used to place Miller near the scene.
- Defense presented taped testimonies from witnesses who claimed Miller was not the shooter; the State introduced statements and testimony about witnesses’ fear and potential intimidation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of other-crimes evidence | Prosecution showed 404(B) relevance to motive/identity and credibility | Uncharged acts lacked independent relevance and were prejudicial; Crawford/hearsay concerns | Harmless error; admission deemed within discretionary limits when probative and not outcome-determinative. |
| Batson challenge for racial discrimination | State used peremptory strikes with race-neutral reasons; qui tam voir dire supported | Reasons for striking Cowart/others were pretextual; probable discrimination | No reversible error; trial court’s Batson ruling affirmed given credibility of State’s explanations. |
| 9-1-1 recordings during deliberations (Article 793) | Deliberations could be aided by admissible recordings | Recordings not treated as testimony; potential prejudice | No error; trial court’s discretionary handling upheld; no substantial rights affected. |
| Mistrial/deadlock and jury instruction (Allen charge) | Judge’s response balanced need to reach verdict with fairness | Any Allen-charge-like pressure amounted to reversible error | No reversible error; court avoided coercive instruction and correctly allowed further deliberations. |
| Bible-deliberations and juror conduct | Bible reading by juror admitted during deliberations | Constitutional right to verdict based on evidence not satisfied | No reversible prejudice; juror impartiality retained; issue not preserved but meritless on record. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (1986) (peremptory challenges may not be based on race; three-step analysis governs challenges)
- Purkett v. Elem., 514 U.S. 765 (1995) (pretext may show racial discrimination in strikes)
- State v. Mamon, 648 So.2d 1347 (La.2 Cir. 1994) (courts weigh race-neutral explanations against defense burden in Batson)
- State v. Thomas, 54 So.3d 678 (La.5 Cir. 2010) (non-unanimous verdicts and constitutional considerations under state law)
- State v. Foster, 44 So.3d 733 (La.App. 5 Cir. 2010) (approach to closing arguments and deliberation instructions avoiding Allen-type coercion)
- Allen v. United States, 164 U.S. 492 (1896) (unanimity and coercive charges—caution against coercive jury pressure)
- State v. Bertrand, 6 So.3d 738 (La.3/17/09) (recognizes Article 782 validity against federal constitutional challenges)
- Belgard v. State, 410 So.2d 720 (La.1982) (Louisiana upholds non-unanimous verdicts under applicable law)