112 So. 3d 806
La.2013Background
- Patterson and Reynolds were charged with second-degree murder for the July 20, 2008 shooting death of Kerry Emery.
- During voir dire, defense sought to back strike juror 16, Dumez, but the court prohibited back strikes; Dumez seated over timely objection.
- Later, defense sought to back strike juror 5, McCall; court denied, and defense preserved the objection while remaining jurors were seated.
- After trial, the jury verdict was guilty by a 10–2 vote; the district court later commented the verdict was not legal due to not attaining unanimity.
- Patterson moved for a new trial, challenging the denial of back strikes; the motion was denied and he was sentenced to life without parole.
- The court of appeal reversed on one issue (back strike denial) and remanded for a new trial, applying harmless-error review to the error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether harmless error analysis applies to back-strike violations | Patterson | State | Harmless error analysis applies |
| Who bears the burden to prove harmless error in back-strike cases | Patterson | State | State bears burden to show verdict not attributable to error |
| Is the 10–2 verdict sufficient to show non-harmless error given the back-strike denial | Patterson | State | Verdict not shown to be surely unattributable to error; not harmless |
| Did the defendant preserve and present specific prejudice from the back-strike denial | Patterson | State | Preservation and specificity satisfied; prejudice demonstrated |
| Should the permissible focus shift due to lack of unanimity and potential juror replacement | Patterson | State | Impact of potential replacement could alter outcome; not harmless |
Key Cases Cited
- State v. Taylor, 669 So.2d 364 (La. 1996) (harmless-error analysis in back-strike context)
- State v. Hailey, 863 So.2d 564 (La.App. 4 Cir. 2003) (back-strike error evaluated under harmless-error framework)
- State v. Johnson, 664 So.2d 94 (La. 1995) (harmless error standard adopted from Sullivan)
- Sullivan v. Louisiana, 508 U.S. 275 (U.S. 1993) (harmless-error standard for criminal trials)
- State v. Snyder, 750 So.2d 832 (La. 1999) (harmless-error framework cited in Sullivan/Johnson lineage)
- State v. Lewis, 112 So.3d 796 (La. 2013) (applies harmless-error analysis to back-strike denial; burden shifts to state)