119 So. 3d 238
La. Ct. App.2013Background
- Terrance Napoleon was convicted on six felony counts: armed robbery and attempted second-degree murder (Counts One and Two), felon in possession of a firearm (Count Three), aggravated burglary (Count Four), and two counts of second-degree murder (Counts Five and Six).
- Sentences: Count One 49.5 years, Count Two 50 years, Count Three 20 years, Count Four 30 years, Counts Five and Six life; sentences to run consecutively without parole, probation, or suspension.
- Trial admitted 404B evidence of a third murder to prove motive/identity/intent; evidence included multiple near-concurrent crimes over about ten hours spanning April 5–6, 2007.
- The crimes all used the same weapon (a .410 shotgun) and the same vehicle (a black Ford Ranger) and involved a suspect nicknamed “Birdie,” with financial motive alleged.
- Parties challenged admissibility of the Singleton murder as res gestae/404B evidence, non-unanimous verdict under La.C.Cr.P. 782, and defense counsel’s effectiveness for speedy-trial claims; the court found errors in sentencing and committed to remand for correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of 404B evidence re: Singleton murder | State argues res gestae/plan evidence admissible to show identity/motive. | Napoleon asserts unfair prejudice and lack of probative value. | Admissible; proper under res gestae/intent rationale with limiting instruction. |
| Non-unanimous verdict under La.C.Cr.P. 782 | State notes non-unanimity precedent allows such verdicts in non-capital cases. | Apodaca/Apprendi call into question non-unanimity; defendant lacks standing if not all counts non-unanimous. | No merit to challenge; longstanding Louisiana view that non-unanimous verdicts valid; no standing for challenge given trial record. |
| Speedy-trial claim against defense counsel | N/A | Ineffective assistance for not asserting speedy-trial rights. | Claims rejected; record shows no prejudice; continuances due to DNA/testing complexity; not ineffective. |
| Patent error in sentencing on Count Three | Error in felon-in-possession sentence exceeding statutory maximum at offense time. | N/A | Count Three sentence vacated and remanded for resentencing per statute; clerical/commitment corrections ordered. |
| Additional sentencing/commitment corrections (Counts Four, and commitment details) | N/A | N/A | Count Four sentence amended to delete prohibition on parole; commitment corrected accordingly. |
Key Cases Cited
- State v. Brown, 871 So.2d 1240 (La.App. 4 Cir. 2004) (admissibility of other crimes and res gestae guidance)
- State v. Prieur, 277 So.2d 126 (La.1973) (notice/hearing requirement for 404B evidence; must prove act by defendant)
- State v. McArthur, 719 So.2d 1037 (La.1998) (intent/motive/planned crimes admissibility; modus operandi concepts)
- State v. Williams, 708 So.2d 703 (La.1998) (almost identical modus operandi; proximity in time/place admissibility)
- State v. Bertrand, 6 So.3d 738 (La.2009) (non-unanimous verdicts constitutional scrutiny; reliance on art.782)