State v. Mills

• Decision Date: 27 August 2014
• Docket Number: No. 2013 KA 0573.,2013 KA 0573.
• Citation: 153 So.3d 481
• Parties: STATE of Louisiana v. Logan Nestor MILLS.
• Court: Court of Appeal of Louisiana — District of US

153 So.3d 481

STATE of Louisiana

v.Logan Nestor MILLS.

No. 2013 KA 0573.

Court of Appeal of Louisiana, First Circuit.

Aug. 27, 2014.

Rehearing Denied Sept. 26, 2014.

Walter P. Reed, District Attorney, Leigh Anne Wall, Assistant District Attorney, Franklinton, Louisiana and Kathryn Landry, Baton Rouge, Louisiana, for Plaintiff/Appellee, State of Louisiana.

Bruce G. Whittaker, New Orleans, Louisiana, for Defendant/Appellant, Logan Mills.

Logan N. Mills Angola, Louisiana, Pro Se/Appellant.

Before WHIPPLE, C.J., WELCH, and CRAIN, JJ.

Opinion

CRAIN, J.

The defendant, Logan Nestor Mills, was convicted by a jury of armed robbery, armed robbery with a firearm, aggravated obstruction of a highway of commerce, and two counts of attempted first degree murder. His sentence for the conviction of armed robbery was vacated after he was adjudicated a second-felony offender, and he was sentenced to seventy years at hard labor.¹ He was sentenced to fifteen years at hard labor for the aggravated obstruction of a highway conviction and forty years at hard labor without benefit of parole, probation, or suspension of sentence for each conviction of attempted first degree murder, with those sentences running concurrent with the sentence for armed robbery. He was sentenced to five years at hard labor without benefit of parole, probation, or suspension of sentence for the armed robbery with a firearm conviction, with that sentence to be served consecutive to the sentence for armed robbery.

We affirm the defendant's convictions, habitual offender adjudication, and sentences.

FACTS

On April 20, 2011, the defendant and Walter Aswell entered the Capital One Bank on Columbia Street in Bogalusa, wearing masks and carrying guns. While Aswell stood guard at the back, the defendant held up his gun, told the tellers to keep their hands up, and demanded money. One of the tellers handed money to the defendant and triggered the silent alarm. The defendant and Aswell fled the bank in a black Jeep.

A chase ensued involving units from the Bogalusa Police Department and the Washington Parish Sheriff's Office, with shots being fired from the Jeep at the pursuing units. The chase continued into Mississippi, with shots exchanged between the pursuing officers and the fleeing Jeep. The chase ended in Mississippi when the defendant and Aswell abandoned the Jeep and fled on foot in opposite directions. Both the defendant and Aswell were apprehended and taken into custody after being shot by police. Officers identified the defendant as the passenger in the Jeep who fired multiple shots at police.

The defendant testified at trial that the bank robbery was Aswell's idea and that he unwillingly participated because Aswell threatened to shoot him if he did not. According to the defendant he was following Aswell's instructions when he walked into the bank, raised his gun, pointed it at the bank teller, and walked up to her. Aswell remained behind him holding a gun. The defendant took the money that the teller placed on the counter, put it in the front pouch of the hoodie he was wearing, then turned and walked out. The defendant claimed he was the driver of the Jeep in which he and Aswell fled and that Aswell was riding in the backseat, gripping a gun and instructing him not to stop the vehicle. As the police pursued them, Aswell moved into the front passenger seat and began shooting at the police. The defendant denied shooting at police officers or firing any weapons on the day of the robbery. He testified that he ran from the stalled Jeep because the officers were shooting and he was afraid. The defendant fell to the ground and was handcuffed after being shot in the ankle and back. He denied resisting arrest, claiming that the officers beat him after he was handcuffed, which caused serious injuries. Subsequently, the defendant filed suit against the officers in federal court.

COUNSELED AND PRO SE ASSIGNMENTS OF ERROR NUMBER 1

In his first counseled and pro se assignments of error, the defendant contends that the trial court erred in denying his challenges for cause as to prospective jurors Elizabeth Jackson, Lili Huang, Mary Gunnell, and Kelly Crain, because their answers to voir dire questions indicated that they were not qualified to serve on the jury. The record reflects that there was no objection to the trial court's rulings denying the challenges for cause as to prospective jurors Gunnell and Crain. A defendant may not assign as error on appeal a ruling refusing to sustain a challenge for cause made by him, unless an objection thereto is made at the time of the ruling. La.Code Crim. Pro. art. 800A. Accordingly, we will not consider the defendant's arguments regarding Gunnell and Crain.²

An accused in a criminal case is constitutionally entitled to a full and complete voir dire examination and to the exercise of peremptory challenges. La. Const. art. I, § 17 (A). The purpose of voir dire examination is to determine prospective jurors' qualifications by testing their competency and impartiality and discovering bases for intelligent exercise of cause and peremptory challenges. State v. Burton, 464 So.2d 421, 425 (La.App. 1 Cir.), writ denied, 468 So.2d 570 (La.1985) ; State v. Williams, 457 So.2d 610, 613 (La.1984). An erroneous ruling depriving an accused of a peremptory challenge violates his substantial rights and constitutes reversible error; therefore, prejudice is presumed when a defendant's challenge for cause is erroneously denied and the defendant exhausts all of his

peremptory challenges. State v. Taylor, 03–1834 (La.5/25/04), 875 So.2d 58, 62. In this case, because the defendant objected to the trial court's ruling that denied his for-cause challenges as to prospective jurors Jackson and Huang, and the defendant exhausted all of his peremptory challenges, including peremptory challenges as to both of those prospective jurors, we need only consider whether the trial court abused its discretion in determining that no cause existed for the removal of Huang and Jackson.

Louisiana Code of Criminal Procedure article 797(2) provides, in pertinent part, that the State or the defendant may challenge a juror for cause on the ground that the juror is not impartial, whatever the cause of his partiality. When a juror expresses a predisposition as to the outcome of a trial, a challenge for cause should be granted. Yet, if after subsequent questioning, or rehabilitation, the juror exhibits the ability to disregard previous views and make a decision on the evidence presented at trial, the challenge is properly denied. When addressing whether a challenge for cause should be granted, the trial judge must look at the juror's responses during his or her entire testimony, not just isolated answers. State v. Sparks, 88–0017 (La.5/11/11), 68 So.3d 435, 461, cert. denied, ––– U.S. ––––, 132 S.Ct. 1794, 182 L.Ed.2d 621 (2012). A challenge for cause should be granted, even when a prospective juror declares his ability to remain impartial, if the juror's responses as a whole reveal facts from which bias, prejudice, or inability to render judgment according to law may be reasonably implied. State v. Martin, 558 So.2d 654, 658 (La.App. 1 Cir.), writ denied, 564 So.2d 318 (La.1990). However, if a prospective juror is able, after examination by counsel and the court, to declare to the court's reasonable satisfaction that he is able to render an impartial verdict according to the law and evidence, it is the trial court's duty to

deny a challenge for cause. See State v. Claiborne, 397 So.2d 486, 489 (La.1981).

A trial court is afforded broad discretion in determining whether to strike a juror for cause because of the trial court's ability to form a first-person impression of prospective jurors during voir dire. State v. Brown, 05–1676 (La.App. 1 Cir. 5/5/06), 935 So.2d 211, 214, writ denied, 06–1586 (La.1/8/07), 948 So.2d 121. Therefore, the trial court's rulings will not be disturbed unless a review of the voir dire as a whole indicates an abuse of that discretion. State v. Lee, 637 So.2d 102, 108 (La.1994).

Jackson expressed that she had a strong opinion about guns. In response to questioning by the court, Jackson indicated she would try to separate her personal convictions. She further stated that she would try to be fair, but did have a concern. She also indicated that she would probably want to hear the defendant explain his intention in taking the gun with him. When asked if she could afford the defendant his right to remain silent, Jackson stated that she would probably want to hear from the defendant, but that she did not think she would hold it against him if he did not testify.

The defense challenged Jackson for cause arguing that she stated she would have to hear the defendant's explanation for why he had a gun, suggesting that she would require that the defendant testify. The State argued that the defense was taking Jackson's answers out of context, and the court responded that it did not perceive Jackson's response to be that she would like to hear from the defendant. The defense then challenged Jackson for cause on the basis that she had a strong opinion about guns, again arguing that Jackson stated she wanted to hear the

defendant's explanation for having a gun. The court denied the challenge for cause.

During the course of voir dire it is not uncommon for prospective jurors to express feelings of apprehension about serving on a case and to question their own ability to be fair. Deference is given to the trial court's determination as to whether such feelings of apprehension rise to the level of warranting being excused for cause because the trial court has the benefit of seeing the prospective juror's facial expressions and hearing their vocal intonations as he or she responds to questions, which are not discernable from a cold transcript.

See State v. Dorsey, 10–0216 (La.9/7/11), 74 So.3d 603, 627, cert. denied, ––– U.S. ––––, 132 S.Ct. 1859, 182 L.Ed.2d 658 (2012). Here, Jackson...