115 So. 3d 6
La. Ct. App.2013Background
- Defendant Lloyd Munson was indicted in Jefferson Parish (2009) on second-degree murder, felon in possession of a firearm, and obstruction of justice.
- Pretrial, Munson moved to add accessory after the fact to second-degree murder as a responsive verdict to obstruction; the court denied.
- Evidence at trial included witness accounts of the night’s events, police calls, and a burned Jeep tied to the crime.
- Defendant gave three statements during the investigation, admitting presence at the scene but denying intent to kill or abduct.
- Dr. Karen Ross performed the autopsy showing homicide by gunshots; fingerprint testimony linked Munson to a prior cocaine conviction.
- On remand from an earlier appeal, Munson was resentenced to life for murder and terms for other counts; the court stayed concurrent, and an error-patent remand followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in for-cause juror dismissals | Munson | Munson | No reversible error; four challenged jurors properly excused |
| Whether accessory after the fact was a valid responsive verdict to obstruction | Munson | Munson | Not a lesser-included/responsive verdict; denial affirmed |
Key Cases Cited
- State v. Ball, 824 So.2d 1089 (La. 2002) (prohibits improper hypothetical juror questions)
- State v. Robertson, 630 So.2d 1278 (La. 1994) (limits on voir dire and bias-based challenges for cause)
- State v. Hallal, 557 So.2d 1388 (La. 1990) (guides evaluation of juror impartiality)
- State v. Lee, 637 So.2d 102 (La. 1994) (trial court’s discretion on voir dire)
- Wyatt v. Hendrix, 998 So.2d 238 (La. App. 2 Cir. 2008) (uncertainty about decision-making in voir dire)
- State v. Divers, 889 So.2d 335 (La. App. 2 Cir. 2004) (anti-police bias as basis for cause)
- State v. Plaisance, 815 So.2d 272 (La. App. 5 Cir. 2002) (accessory after the fact as aiding a fugitive)
- State v. McCoy, 337 So.2d 192 (La. 1976) (defining lesser-included offenses and responsive verdicts)
- State ex rel. Roland v. State, 937 So.2d 846 (La. 2006) (procedural transmission of minute entries after conviction)