State v. Griffin

• Decision Date: 19 April 2017
• Docket Number: 16–424
• Parties: STATE of Louisiana v. Joshua X. GRIFFIN
• Court: Court of Appeal of Louisiana — District of US

217 So.3d 484

STATE of Louisiana

v.Joshua X. GRIFFIN

16–424

Court of Appeal of Louisiana, Third Circuit.

April 19, 2017

Annette Roach, Louisiana Appellate Project, P. O. Box 1747, Lake Charles, LA 70602–1747, (337) 436–2900, COUNSEL FOR DEFENDANT/APPELLANT: Joshua X. Griffin

Asa A. Skinner, 30th JDC District Attorney, Terry W. Lambright, First Assistant District Attorney, P. O. Box 1188, Leesville, LA 71446, (337) 239–2008, COUNSEL FOR APPELLEE: State of Louisiana

Joshua X. Griffin, Louisiana State Penitentiary, Angola, LA 70712, COUNSEL FOR DEFENDANT/APPELLANT: Joshua X. Griffin

Court composed of Marc T. Amy, Elizabeth A. Pickett, and David E. Chatelain, Judges.

DAVID E. CHATELAIN ^* JUDGE

The State of Louisiana charged Defendant, Joshua X. Griffin, by bill of indictment with the first degree murder of Jason Perry (Perry), a violation of La.R.S. 14:30 ; conspiracy to commit armed robbery, a violation of La.R.S. 14:26 and 14:64 ; and armed robbery, a violation of La.R.S. 14:64. Thereafter, the State filed a notice of intent to not seek the death penalty. On August 15, 2015, a jury returned a verdict of guilty on each charge. The trial court subsequently granted a Motion in Arrest of Judgment and dismissed the armed robbery conviction.

On September 25, 2015, the trial court sentenced Defendant to life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence on the conviction of first degree murder and three and one-half years on the conviction of conspiracy to commit armed robbery, to be served consecutively. Defendant now appeals, raising four assignments of error through counsel and six assignments pro se.

FACTS AND PROCEDURAL HISTORY

Around 9:00 p.m. on April 13, 2011, Andre Porter (Porter), Dontrez Banks (Banks), and Defendant met at Paul's Truck Stop in Leesville, Louisiana. Sometime around then, the three men discussed going to Perry's residence north of Rosepine initially for the purpose of stealing some marijuana. All three men then proceeded down Highway 171 (Hwy 171) towards Perry's residence in Porter's vehicle. At some point, a text was sent from Banks's phone to Perry, presumably inquiring about the purchase of marijuana.

Very quickly after they arrived at the residence, Perry approached Porter's vehicle, and an altercation ensued between all four men, which resulted in Perry's death from one of seven stab and slicing wounds

he sustained in the altercation. Perry's cell phone, wallet, and marijuana were taken from his pockets. Defendant, Porter, and Banks then left and returned to Paul's Truck Stop, discarding Perry's cell phone and driver's license on Hwy 171 along the way.

Later that evening, Arkie Prosise, a longtime friend of Perry, arrived at Perry's residence around 10:00 p.m. When he turned into the driveway, he saw Perry lying on the ground, unresponsive, and he summoned help. Shortly thereafter, Chief Dennis Parrott (Chief Parrott) of the Rosepine Police Department arrived. After checking for a pulse, he called to ensure an ambulance was en route and to alert the Vernon Parish Sheriff's Office (VPSO) of a possible homicide.

Earlier that day, Perry had contacted Chief Parrott regarding threatening text messages he had received from Defendant. Chief Parrott had advised the victim to obtain the messages and bring them to the station. When Detective Mike Martin arrived on the scene, Chief Parrott told him about the text messages, the printouts of which were recovered from the victim's car at the scene. Also while at the scene, Chief Parrott informed the lead detective, Ray Ortiz (Det. Ortiz), that he was familiar with the victim from an incident that occurred the prior night when he had responded to that same location and taken a report of a busted window in the victim's residence; Defendant was a person of interest in that incident.

Sometime before midnight, Perry's live-in girlfriend, Briana Estrada (Estrada), who was also the mother of Defendant's two children, arrived and spoke with Det. Ortiz regarding threatening text messages she had received from Defendant that she explained were directed at Perry. During her interview at the scene, Estrada showed the detective her phone, which contained the text messages. Det. Ortiz also spoke with the victim's brother, Justin Perdue (Perdue), who told Det. Ortiz about his belief that Defendant would have been someone responsible for his brother's death as he was aware of a confrontation between the two men and threats Defendant made towards his brother.

Det. Ortiz reported this information to Chief Detective Marvin Hilton (Det. Hilton) at the scene. Det. Hilton then sent officers to locate and detain Defendant. In the early morning hours, Deputies Jason Horton (Deputy Horton) and John Adams (Deputy Adams) arrived at the home of Defendant's parents, located at 1107 Maple Grove Circle in Leesville, Louisiana. Defendant's father, Carl Griffin, answered the door and granted the officers permission to enter the residence. He then led the officers to his son's bedroom and opened the door. There, the officers found Defendant in bed, apparently asleep and sweating profusely. Deputy Horton then advised Defendant of his Miranda rights,¹ handcuffed him with his hands behind his back, and led him to his police unit where the deputy placed Defendant in the back seat. After calling Det. Hilton, Deputy Horton informed Defendant a detective was on his way to speak with him. At this time, Defendant told Deputy Horton that he believed his blood sugar was low. Deputy Horton immediately removed Defendant from the vehicle, uncuffed the Defendant, and recuffed him with his hands in front, which allowed Defendant to test his blood sugar levels. The monitor that one of his family members brought from the residence gave a reading of 37. Defendant's mother then brought some candy and a fruit drink, which Defendant consumed. Shortly thereafter, Defendant stated he felt better. Det. Ortiz then met Deputy Horton outside the Griffin home and instructed him to take Defendant to the station.

Once at the station, the detectives noticed Defendant had a cut on the back of his right leg. Initially, Defendant refused to talk to the detectives, but in an interview around 5:30 a.m., Defendant admitted to Det. Ortiz he fought with the victim the night of the murder, but he denied stabbing or killing Perry. During the interview, Defendant implicated a man he referred to as "Cory." Detective Steven Moss and another officer then took Defendant to find "Cory's" home, but the search was fruitless as Defendant eventually conceded he made up "Cory."

Thereafter, Defendant again asked to speak with detectives. The interview was conducted on April 14, 2011, at 9:09 a.m. and ended at 9:25 a.m. Both the recording and the transcription of the interview were introduced and admitted into evidence at Defendant's trial. During the interview, Defendant stated he knew the victim because he purchased marijuana from him and because the victim dated his ex-girlfriend. Defendant related that he and Porter, along with another friend, went to the victim's home to purchase "weed" or hydro-marijuana. When the three arrived at the victim's home, they asked the victim if they could weigh the drugs. According to Defendant, while the victim was standing outside of Porter's car, Porter's friend hit the victim through the window, and the three guys exited the car and jumped on the victim. Defendant admitted that he hit the victim with his fist multiple times, until the victim fell to the ground, and that he kicked the victim. He indicated the three perpetrators took everything out of the victim's pockets but denied using any weapons. Defendant recalled, when they left the victim's home, the victim was alive. After leaving the scene, Defendant saw Porter throw the victim's phone out of the car. Later, Defendant returned to his home. When asked how he received the cut on his leg, Defendant stated he believed he cut it on a tree.

Defendant was then formally arrested at 10:00 a.m. on April 14, 2011. The information he provided further led to the apprehension of Porter and Banks, who were both interviewed later that day.

Det. Ortiz interviewed Porter on April 14, 2011, from 5:37 p.m. to 5:53 p.m. The transcription of the interview was introduced into evidence at trial. During the interview, Porter recalled Banks called him and requested that they meet at a truck stop. When Porter arrived at the truck stop, Banks and Defendant were already there. Defendant then asked Porter to drive him to the victim's home in Rosepine. Once they arrived at the victim's home, the victim walked toward Porter's vehicle. Defendant then jumped out of the vehicle and started to fight the victim. Banks also exited the vehicle, but Porter stated that he could not see Banks fighting the victim. Porter became uncomfortable and turned the car around. He recalled Banks reentered the vehicle, followed by Defendant, and Porter drove away. Porter did not see the victim, but when they were driving away, he saw a bloody knife in Defendant's hand. He described the knife as a blade with brass knuckles on it. When he saw Defendant with the victim's identification, phone, and wallet, Porter told Defendant to get the victim's things out of his car.

Banks was interviewed by Det. Ortiz on April 14, 2011, at 7:58 p.m. The interview ended at 8:07 p.m. Banks told the detective that Porter picked him up from his home around 8:00 or 9:00 p.m. on April 13. They met Defendant at a truck stop. The three men then traveled in a vehicle to the victim's residence. While proceeding to the victim's home, Defendant told the men he was planning to beat up the victim. Banks stated that, when they arrived at the victim's home, Defendant exited the vehicle, while he and Porter stayed in the car. Banks estimated Defendant was out of the vehicle two or three minutes. When Defendant got back to the car, the three men left. Banks stated Defendant said he beat up the...