State v. Bell
| Decision Date | 14 October 1998 |
| Docket Number | No. 97-KA-896.,97-KA-896. |
| Citation | 721 So.2d 38 |
| Parties | STATE of Louisiana v. Cleveland BELL. |
| Court | Court of Appeal of Louisiana — District of US |
Frank Sloan, Covington, for defendantappellant.
Paul D. Connick, Jr., District Attorney, Ellen S. Fantaci, Terry M. Boudreaux, Lori Butler, Assistant District Attorneys, Gretna, for plaintiff-appellee.
Before GRISBAUM and DALEY, JJ., and NESTER L. CURRAULT, Jr., J. Pro Tem.
The defendant-appellant, Cleveland Bell, appeals his conviction of second degree murder (La. R.S. 14.30.1). We affirm.
The defendant assigns as error the following, to-wit:
Defendant-appellant's Original Brief at p. 2.
The defendant was charged by bill of information with second degree murder to which he pled not guilty. He was tried by a 12-person jury and found guilty as charged and sentenced to life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence, with credit for time served. His motions for new trial, post verdict judgment of acquittal and to reconsider sentence were denied.
Defendant-appellant first contends the hearsay statements of the victim were improperly introduced to show the victim had been robbed. The record shows Deputy Brian Brocato testified that, while he and other paramedics were administering emergency medical treatment, he heard the victim say, "They stole my money." The trial court held this statement inadmissible as a dying declaration; however, this Court reversed the trial court and held that the statement was admissible as a dying declaration because of the seriousness of the victim's condition at the time of the declaration.
Our statutory law, as found in La. Code Evid. art. 804(B)(2), provides that "[a] statement made by a declarant while believing that his death was imminent, concerning the cause or circumstances of what he believed to be his impending death" is an exception to the hearsay rule. Additionally, our jurisprudence provides that, if a dying declaration is made when the declarant is conscious of his approaching demise, then the statement is admissible as such. State v. Verrett, 419 So.2d 455 (La.1982). Likewise, the victim does not have to express, in direct terms, his awareness of his condition. The necessary state of mind can be inferred from the facts and circumstances surrounding the declaration. Id.
We find the facts and circumstances surrounding the victim's declaration clearly indicate he was aware of the seriousness of his condition. First, Paramedic Steven Brown, who was accepted as an expert in the field of Emergency Medical Technician Paramedics, testified that he observed the victim on his hands and knees, rocking back and forth, crying, He also testified that the victim had low blood pressure, low heart rate, and was deteriorating toward death when they arrived. He stated also he and his partner were moving very rapidly and that the victim could have gathered from this and their conversations the seriousness of his condition. Finally, Mr. Brown testified that the victim died 18 to 20 minutes after they arrived. Moreover, the pathologist, who performed the autopsy on the victim, testified that the victim was inflicted with two wounds—a lethal one, which caused the victim's death, and a non-lethal one, which complicated his condition.
Based on the foregoing, it is clear that, considering the victim was inflicted with two stab wounds and his condition when the paramedics arrived, along with the deputy's testimony, this victim was aware of his approaching death when he declared that, "They stole my money." Accordingly, this assignment of error lacks merit.
Defendant-appellant next contends that the trial court abused its discretion in refusing to grant a mistrial following improper testimony of a State witness that the defendant's sister-in-law, Ora Houston, had offered her $1,000.00 to testify favorably on behalf of the defendant.
We are reminded that, when a remark or comment, which is irrelevant or immaterial and of such a nature that it might create prejudice against the defendant, the court, upon the request of the defendant or the State, shall promptly admonish the jury to disregard the remark or comment. La. Code Crim. P. art. 771. On...
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State v. McHoney
...The necessary state of mind can be inferred from the facts and circumstances surrounding the declaration. See Louisiana v. Bell, 721 So.2d 38 (La.Ct.App. 5th Cir.1998); Louisiana v. Nicholson, 703 So.2d 173 (La.Ct.App. 4th Cir.1997); Louisiana v. Matthews, 679 So.2d 977 (La.Ct.App. 4th Cir.......
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State v. Smith
...in connection with the remainder of the charge, the instruction is neither erroneous nor prejudicial. State v. Bell, 97-896 (La.App. 5 Cir. 10/14/98), 721 So.2d 38, 41 (citing State v. Walker, 93-632 (La.App. 5 Cir. 1/31/95), 650 So.2d 363, writ denied, 95-0545 (La.6/23/95), 656 So.2d An er......
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State v. Bibbins
... ... Verrett, 419 So.2d at 457. The victim need not express his awareness of his demise in direct terms, but rather the necessary state of mind may be inferred from the facts and circumstances surrounding the making of the declaration. Id.; State v. Bell, 97–896, p. 2 (La.App. 5 Cir. 10/14/98), 721 So.2d 38, 40, writs denied, 98–2875 and 98–2890 (La.3/12/99), 738 So.2d 1085. Here, the victim was shot on November 14, 2009, interviewed on November 18, 2009, and died on November 19, 2009. Although the victim died the day ... ...
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State v. Ramirez
... ... State v. Verrett, 419 So.2d 455, 457 (La.1982) ... The victim need not express his awareness of his demise in direct terms, but rather the necessary state of mind may be inferred from the facts and circumstances surrounding the making of the declaration. Id.; State v. Bell, 97-896, p. 2 (La.App. 5 Cir. 10/14/98), 721 So.2d 38, 40, writs denied, 98-2875 and 98-2890 (La.3/12/99), 738 So.2d 1085. The Louisiana Supreme Court has explained that: ... No absolute rule can be laid down by which to decide with certainty whether the declarant, at the time of making his ... ...
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Trial Notebook: Common Evidentiary Problems at Trial
...concerned the cause or circumstances of what he believed to be his impending death. State v. Bell, 97-896 (La. App. 5 Cir. 10/14/98), 721 So. 2d 38, allowed a statement by a murder victim, 20 minutes before his death, that "they stole my money." A paramedic testified that when he arrived he......