87 So. 3d 257
La. Ct. App.2012Background
- Dadrien Updite, a Shreveport Police Department officer, was convicted of domestic abuse battery, a misdemeanor under La. R.S. 14:35.3.
- Sentence: six months in parish jail suspended, seven months supervised probation, and mandatory completion of a domestic violence counseling program.
- Incident occurred March 4–5, 2010; victim and her nine-year-old daughter were present during part of the events.
- Victim gave police statements; later recanted at trial but testified inconsistently; daughter testified about sounds and actions.
- Defense claimed restraint only; prosecution presented bruising and statements to police; trial court found guilt beyond a reasonable doubt.
- Appellate review affirmed conviction and sentence on sufficiency of evidence and evidentiary issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence legally sufficient to prove domestic abuse battery? | Updite violated 14:35.3 by initiating battery against victim. | Evidence was mischaracterized; inconsistencies undermine credibility and element proof. | The evidence proves all elements beyond a reasonable doubt. |
| Are prior inconsistent statements admissible as substantive evidence under 801(D)(1)(a)? | Prior statements corroborated by other evidence are nonhearsay and admissible substantively. | Prior statements were impeachment only and should not be treated as substantive evidence. | Admission as nonhearsay under 801(D)(1)(a) was not an abuse of discretion. |
| Was the testimony of the child witness properly admitted and reliable? | Child’s statements supported the domestic abuse charge and were properly admitted as excited utterance. | Competency and hearsay concerns should preclude reliance on child testimony. | Excited utterance exception and competency issues were properly addressed; admissible. |
Key Cases Cited
- State v. Sutton, 436 So.2d 471 (La.1983) (Jackson standard for sufficiency; weigh credibility and reweigh not allowed)
- State v. Speed, 2 So.3d 582 (La.App.2d Cir.2009) (conflict in direct evidence resolved in favor of prosecution)
- State v. Rankin, 965 So.2d 946 (La.App.2d Cir.2007) (801(D)(1)(a) prior inconsistent statements corroborated as nonhearsay)
- State v. Eason, 3 So.3d 685 (La.App.2d Cir.2009) (deference to jury on witness credibility; sufficiency standard applied)
- State v. Hill, 956 So.2d 758 (La.App.2d Cir.2007) (weight of evidence vs. sufficiency in credibility determinations)