78 So. 3d 816
La. Ct. App.2011Background
- Nailor appeals convictions for aggravated battery (Count 1) and aggravated assault with a firearm (Count 2) after a six-person jury verdict finding simple battery on Count 1 and guilty on Count 2.
- He was charged under La. R.S. 14:34 and 14:37.4; arraigned in absentia with a not-guilty plea entered on his behalf.
- Sentences: six months in Parish Prison on Count 1 consecutive to a five-year hard-labor term on Count 2, with three years suspended and five years active probation; fines and costs imposed.
- The trial arose from an altercation during a court-ordered visitation return of a minor child; Nailor is the child’s maternal grandfather and Brittany Nailor’s father; Steven Cain is the child’s father.
- Nailor testified he armed himself due to fear for his grandson; he fired multiple shots at Cain and Smith after seeing Cain near a car trunk; the State argued Nailor was the aggressor and not entitled to self-defense.
- The appellate court applied Law on self-defense in non-homicide cases, held Nailor as aggressor precluding self-defense, and affirmed both convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Self-defense sufficiency | Nailor contends State failed to negate self-defense | Nailor asserts he acted in defense of himself/others | No error; evidence supported non-defense finding |
| Excessive sentence | Nailor argues five-year sentence with three suspended is excessive | Court allegedly misinterpreted facts; factors mitigated | No abuse of discretion; sentence affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard for conviction)
- State v. Draughn, 950 So.2d 583 (La. 1/17/07) (review of sufficiency when circumstantial/direct evidence; standard reaffirmed)
- State v. Rosiere, 488 So.2d 965 (La.1986) (credibility and evidence must be weighed by jury)
- State v. Mussall, 523 So.2d 1305 (La.1988) (trial court discretion in sentencing; standard for review)
- State v. Major, 888 So.2d 798 (La.12/1/04) (guidelines and factors in sentencing; appellate review discretion)