State v. Pleasant
66 So. 3d 51
La. Ct. App.2011Background
- Jeffery Pleasant and Molly Pleasant, married for 12 years with three children, visit New Orleans for a board meeting.
- During the day, Pleasant drinks with friends; Mrs. Pleasant drinks and later rooms at a hotel with a pizza and pizza plate involved.
- In the hotel room, Pleasant threw a pizza plate toward Mrs. Pleasant, allegedly hitting her; she sustained a significant bruise.
- Police and hotel security respond; Pleasant is arrested for domestic abuse battery; evidence leads to a jury verdict of second degree battery (responsive to an aggravated battery charge).
- Pleasant waives sentencing delays, receives a three-year suspended sentence with active probation, and is ordered to attend a domestic violence course and eight drug tests; stay-away order also in place.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for second degree battery | Pleasant argues injuries were not serious bodily injury and violence lacked a dangerous weapon. | Pleasant argues the evidence could support only aggravated battery or was insufficient for second degree battery. | Record supports second degree battery; could also support aggravated battery, but no contemporaneous objection bars this determination. |
| Whether the pizza plate/tray was a dangerous weapon | Pleasant contends plate was not a dangerous weapon. | Pleasant argues the plate's use did not create a dangerous weapon under La. R.S. 14:2(A)(3). | Jury could find the plate used in a manner likely to cause great bodily harm; record supports dangerous weapon finding. |
| Discovery of officer's personnel file; impeachment potential | Pleasant sought officer Ward's personnel file to impeach credibility. | Discovery sought for impeachment; file not shown to be exculpatory or admissible. | Trial court did not abuse its discretion; contents were not admissible impeachment evidence under applicable rules; discovery decision affirmed. |
| Right to present a defense and admissibility of officer conduct evidence | Pleasant argues officer's disciplinary issues could be used to impeach credibility. | Defense cross-examination limited by Rule 608/609 and related case law; pending investigations not admissible for impeachment. | The court properly limited impeachment; no reversible error. |
Key Cases Cited
- State ex rel. Elaire v. Blackburn, 424 So.2d 246 (La. 1982) (contemporaneous objection rule for responsive verdicts and sufficiency review)
- State v. Mussall, 523 So.2d 1305 (La.1988) (sufficiency review standard; not credibility-based)
- State v. Black, 41 So.3d 1243 (La. App. 4th Cir. 2010) (dangerous weapon analysis depends on use and factual context)
- State v. Thompson, 10 So.3d 851 (La. App. 4th Cir. 2009) (proper restrictions on impeachment related to disciplinary investigations; evidence rules)