175 So. 3d 1192
La. Ct. App.2015Background
- On Aug 20, 2012, Manzy LaShawn Watson stabbed his girlfriend, Dorothy Horsman, 12 times (neck/chest) and also stabbed her son; Horsman died from her wounds. Defendant was arrested the next morning.
- Indicted for second-degree murder (La. R.S. 14:30.1) and attempted second-degree murder; bench trial followed after Defendant submitted a written jury-waiver. Trial court convicted him of second-degree murder and aggravated battery (lesser-included) for the son.
- Two sanity commissions were convened pretrial; psychiatrists found Defendant competent to proceed and not legally insane at the time of the offense. Defendant pleaded not guilty and not guilty by reason of insanity but did not contest competency findings on appeal.
- At trial the State introduced the videotaped post-arrest interview in which Defendant described the argument, disarming Horsman, then following her to the bedroom and stabbing her; medical evidence showed multiple severe stab wounds. Defense presented evidence of prior mental-health diagnoses and personality disorder but no proof of legal insanity.
- Defendant argued on appeal that the killing was mitigated to manslaughter (sudden passion/heat of blood), that the mandatory life sentence was unreviewed for excessiveness, and that his written jury-waiver was not knowingly and intelligently made given his mental history.
Issues
| Issue | State's Argument | Watson's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for 2d-degree murder vs manslaughter | Evidence (multiple, severe stab wounds; defensive wounds; conduct after offense) supports specific intent to kill or to inflict great bodily harm; mitigating provocation not shown | Provocation and heat of passion (argument, name-calling, victim grabbed knife) reduce the offense to manslaughter | Conviction affirmed: provocation insufficient, evidence supports specific intent to inflict great bodily harm (2d-degree murder) |
| Excessiveness review of mandatory life sentence | Mandatory life for 2d-degree murder leaves no sentencing discretion; defendant failed to preserve/exhaust relief and did not show unusual circumstances to rebut constitutionality | Trial court failed to consider Dorthey reasonableness analysis; sentence may be excessive given circumstances | Review barred by failure to file motion to reconsider; no merit shown to depart from mandatory life sentence |
| Validity of jury-trial waiver | Written, signed waiver and contemporaneous competency reports indicate Defendant understood right and chose bench trial (racial concern explained) | Mental-health history and prior sanity hearings required on-the-record colloquy to ensure waiver was knowing and intelligent | Waiver was knowing and intelligent based on signed motion and psychiatric evaluations; court did not err |
| Errors patent review | — | — | No errors patent found on face of record |
Key Cases Cited
- State v. Bryan, 454 So.2d 1297 (La. App. 3 Cir.) (example of reducing 2d-degree murder to manslaughter where victim’s knife threat objectively provoked defendant)
- State v. Dorthey, 623 So.2d 1276 (La. 1993) (sentencing review — trial court’s duty to consider excessiveness under certain circumstances)
- State v. Patterson, 63 So.3d 140 (La. App. 5 Cir.) (specific intent may be inferred from severity of injuries)
- State v. Fontenot, 918 So.2d 1096 (La. App. 3 Cir.) (burden to prove sudden passion/heat of blood by preponderance)
- State v. Paddio, 832 So.2d 1120 (La. App. 3 Cir.) (standard for departing from mandatory life sentence; defendant must show clear and convincing evidence of unusual circumstances)