79 So. 3d 1108
La. Ct. App.2011Background
- On Oct. 13, 2009, Jefferson Parish DA charged Ventris with possession with intent to distribute heroin within 1,000 feet of Helen Cox School under La. R.S. 40:981.3.
- Ventris pled not guilty Feb. 25, 2010, and trial occurred May 11, 2010 before a 12-member jury, resulting in a guilty verdict.
- Ventris twice moved for mistrial during trial; both motions were denied.
- On June 18, 2010, motion for new trial denied; on July 23, 2010, Ventris sentenced to 20 years at hard labor without probation or suspension.
- Trial evidence included undercover surveillance near a school, a drug deal, heroin recovered between vehicles or near a cement area claimed by different witnesses, and conflicting testimony about location of the heroin.
- On appeal, the court addressed claims of counsel-of-choice denial, admissibility of other-crimes evidence, alleged prosecutorial false testimony under Napue, and an illegal sentence correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to counsel of choice and continuance | Ventris argues denial of chosen counsel and lack of continuance. | Ventris contends trial rushed and prejudiced by denial of counsel of choice. | No abuse; trial proceeded with prepared counsel; continuance not required. |
| Mistrial for other-crimes evidence | Ventris claims admission of dealer relationship evidence harmed the trial. | State opened door; evidence was harmless and not grounds for mistrial. | No mistrial; admission was harmless given corroborating evidence. |
| Napue false testimony by prosecutors | Prosecutor elicited false testimony from officers with collusion risk. | Discrepancies existed; no proven perjury or collusion. | No Napue violation established; discrepancies were credibility issues for the jury. |
| Illegal sentence and sentencing error | Sentence failed to impose mandatory $50,000 fine and exceeded statutorily permitted restraint. | Affects legality of sentence; require correction. | Conviction affirmed; sentence amended to five years without probation; clerk corrected accordingly. |
Key Cases Cited
- Reeves v. State, 11 So.3d 1031 (La. 2009) (right to counsel of choice; structural error if denied the chosen counsel)
- Gonzalez-Lopez, 548 U.S. 140 (U.S. 2006) (constitutional right to counsel of choice; defers to state standard context)
- Napue v. Illinois, 360 U.S. 264 (U.S. 1959) (prosecutor must correct false testimony; due process issue if not corrected)
- Broadway v. State, 753 So.2d 801 (La. 1999) (Napue-related reversal requires showing false testimony was material and prosecutorial collusion or failure to correct)