116 So. 3d 754
La. Ct. App.2013Background
- Roberts was charged by information with one count of simple kidnapping of a person 65 years of age or older, in violation of La. Rev. Stat. 14:45 and 14:50.2, and pled not guilty.
- At trial, the victim Delores Roberts testified that Roberts woke her, demanded money, and that she signed an earlier statement describing threats; she claimed he did not physically assault her and she did not recall being kidnapped.
- Officer Prejean testified that the victim reported being threatened, repeatedly indicated fear of Roberts, and said she was taken to the ATM and gave $80 because she was scared.
- Police entered the victim’s residence and found Roberts hiding in a bedroom closet; he was arrested and advised of Miranda rights.
- Defense moved for a continuance to review late-arriving jail phone-recordings and recordings of the defendant’s statements; the court denied the continuance after the State provided the recordings to defense counsel for review.
- Juror Shirley was questioned in chambers about knowing a police officer who would testify; defense argued the defendant’s presence should have been required; the trial court conducted the questioning in chambers without defense present, but contemporaneous objection requirement was not satisfied, affecting appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying a continuance. | Roberts—continuance needed to inspect exculpatory jail recordings. | Roberts—unfair to proceed without full evaluation of evidence. | No abuse; denial affirmed. |
| Whether juror Shirley’s questioning violated the defendant’s right to be present and impartial. | State—no coercive error; voir dire valid. | Roberts—present for voir dire was violated; trial error. | Issue preserved to the extent objected; held not reversible due to lack of contemporaneous objection; merits not shown. |
Key Cases Cited
- State v. Albert, 697 So.2d 1355 (La.App. 1st Cir. 1997) (continuance standard of review; no clear abuse)
- State v. Henderson, 762 So.2d 747 (La.App. 1st Cir. 2000) (voir dire bias; broad discretion)
- State v. Taylor, 875 So.2d 58 (La.2004) (aberrant juror opinions; impartiality after inquiry)
- State v. Broaden, 780 So.2d 349 (La.2001) (contemporaneous objection rule; preservation)
- State v. Copeland, 419 So.2d 899 (La.1982) (presence during voir dire; waiver considerations)