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94 So. 3d 983
La. Ct. App.
2012
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Background

  • Defendant Wilkins killed Fontenot on September 21, 2004 after a drug-debt-related dispute.
  • The relationship began as user-dealer, evolving into a distributor arrangement to fund Wilkins’s addiction.
  • Fontenot allegedly threatened to kill Wilkins if debts were not paid; no threat by Fontenot initiated that night.
  • Wilkins surrendered after learning Fontenot was found dead and police were at his grandmother’s residence.
  • Indictment in 2004 charged second-degree murder and drug offenses; death-penalty notice was later withdrawn; trial by jury occurred in 2011 resulting in guilty verdicts.
  • The trial court later sentenced Wilkins to life for second-degree murder and terms for drug offenses; post-trial motions were denied; appeal granted addressing Batson and speedy-trial issues, with conviction and sentence ultimately reversed and remanded for a new trial due to Batson violations.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the State violated Batson in striking African-American jurors Wilkins argues strikes were race-based. State knowingly used race to strike jurors. Batson violation; new trial ordered.
Whether Batson challenges to Wiley and Duhon were timely and properly denied Pattern of discrimination shown; timely objections. State’s reasons pretextual but timely objections failed. Batson violation; new trial ordered.
Whether the Batson ruling as to Mitchell, Wiley, and Duhon violated equal protection State admitted race-based reasoning; discriminatory impact. Court misapplied Batson standards; jurors could be kept. Batson violation; new trial ordered.
Whether the six-year pretrial delay violated speedy-trial rights under Barker v. Wingo Delay deprived defense of timely trial. Delay largely due to defense and supervisory-review processes; not prejudicial. No speedy-trial violation; but moot due to reversal on Batson grounds.
Whether the case should be retried given Batson violations and procedural history Convictions tainted; due process requires reversal. Remedy need not include retrial. Convictions reversed; sentences vacated; remanded for new trial.

Key Cases Cited

  • Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (establishes four-factor speedy-trial test)
  • Klopfer v. North Carolina, 386 U.S. 213 (U.S. 1967) (due process protections in speedy-trial context)
  • State v. Batiste, 939 So.2d 1245 (La. 2006) (discusses Barker factors in Louisiana context)
  • United States v. Loud Hawk, 474 U.S. 302 (U.S. 1986) (weights delays from supervisory review in speedy-trial analysis)
  • State v. Harris, 820 So.2d 471 (La. 2002) (race-based peremptory challenges violate equal protection)
  • J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (U.S. 1994) (prohibits gender-based peremptory challenges; informs Batson framework)
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Case Details

Case Name: State v. Wilkins
Court Name: Louisiana Court of Appeal
Date Published: Jun 20, 2012
Citations: 94 So. 3d 983; 11 La.App. 3 Cir. 1395; 2012 La. App. LEXIS 893; 2012 WL 2434762; No. 11-1395
Docket Number: No. 11-1395
Court Abbreviation: La. Ct. App.
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