State v. Sparks, 68 So. 3d 435

Thomas Sparks was indicted for first-degree murder of Deputy Edward Toefield, Jr. (1984); jurors later convicted him and sentenced him to death after a penalty-phase verdict finding an aggravating circumstance for killing a peace officer.
The crime began with a February 1, 1984 bank robbery in New Orleans; Sparks then shot Deputy Toefield during attempted arrest at Hi Ho Sam's, fatally wounding him.
Sparks fled; a manhunt ensued; he was wounded in a shootout, arrested, and gave a recorded statement after being read his rights, though he later asserted pain and fear affected voluntariness.
Two eyewitnesses, Annie Broadway and Michael Harper, testified to the shooting; a Colt Cobra .38 revolver and a .38 cartridge fragment were recovered; pathology and ballistic testimony linked the weapon to the victim’s wounds.
Sparks challenged various pretrial and trial procedures, including suppression of statements, venue and publicity issues, Batson claims, eyewitness identification, shackling, penalty-phase representation, and motion-for-new-trial standards, with the trial court denying many challenges.
The Louisiana Supreme Court affirms Sparks’s conviction, conditionally affirms the death sentence, and remands for an evidentiary hearing on whether Sparks received effective assistance of counsel at the penalty phase.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Sparks’s statement was voluntary.	Sparks argues fear, pain, and hospital crowding coerced him.	Voluntariness undermined by fear and medical condition.	Trial court’s suppression ruling affirmed; confession voluntary under totality of circumstances.
Whether Sparks was denied a fair trial due to publicity and venue issues.	Pervasive publicity and extraordinary security prejudiced the jury pool.	Change of venue denied despite prejudicial publicity; jurors biased.	Second change-of-venue denial affirmed; no reversal; trial court did not abuse discretion.
Whether Batson violations occurred in jury selection.	State systematically struck African-Americans from the jury.	Batson procedures violated; prima facie showing established.	Batson claim rejected; no reversible error; State’s race-neutral explanations upheld.
Whether the eyewitness identification was admissible and reliable.	Harper’s identification was reliable under totality-of-circumstances.	Identification was suggestive and unreliable.	Identification properly admitted; no reversible error under Biggers factors.
Whether Sparks’s penalty-phase representation was ineffective.	Penalty counsel failed to open, present mitigating evidence, and object to late prosecution proof.	Counsel inadequately prepared; closing argument tepid; need for evidentiary hearing.	Conditional affirmation of death sentence; remand for expeditions evidentiary hearing on ineffective assistance.

Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibition on race-based peremptory strikes; three-step framework)
Mincey v. Arizona, 437 U.S. 385 (U.S. 1978) (involuntary statements when severely injured in interrogation)
Beecher v. Alabama, 389 U.S. 35 (U.S. 1967) (coercive interrogation under threat undermines voluntariness)
Payne v. Arkansas, 356 U.S. 560 (U.S. 1958) (mob threat context for coerced confession; not present here)
Manson v. Brathwaite, 432 U.S. 98 (U.S. 1977) (reliability of eyewitness identification under totality of circumstances)