Opinion
No. 94-KK-0999
APRIL 21, 1994 RECONSIDERATION GRANTED APRIL 28, 1994
IN RE: Langley, Ricky; — Defendant(s); Applying For Supervisory and/or Remedial Writs; Parish of Calcasieu 14th Judicial District Court Div. "D" Number 3057-92; 19th Judicial District Court Div. "L" Number 3-94-968; to the Court of Appeal, Third Circuit, Number KW93 0326
Denied. IN RE: RICKY LANGLEY; Defendant; Applying for Reconsideration of an Order of this Court dated April 21, 1994; Parish of Calcasieu 14th Judicial District Court Division "D" Number 3057-92; 19th Judicial District Court Division "L" Number 3-94-968; to the Court of Appeal Third Circuit Number KW93-0326
Reconsideration granted. See order.
CALOGERO, C.J. ORTIQUE, J., would grant the writ.
KIMBALL, J., would grant on the Jackson issue.
DENNIS, J., not on panel.
MARCUS, J., concurs.
LEMMON HALL, JJ., dissent.
DENNIS, J., not on panel.
Reconsideration granted. In view of our continuing supervisory jurisdiction over this capital case, we grant defendant's application for reconsideration of this Court's ruling of April 21, 1994. On reconsideration, we conclude that the application has merit. The trial court is ordered to prohibit the introduction, in the penalty phase of the trial, of witness testimony concerning conduct relevant to the original charge in an unrelated matter, when the defendant was permitted to plead guilty to a lesser charge.
The character of a defendant convicted of first degree murder is automatically at issue in the sentencing phase of the trial and evidence of convictions of serious unrelated crimes is relevant and probative evidence of the defendant's character and propensities. See State v. Bourque, 622 So.2d 198 (La. 1993); State v. Jackson, 608 So.2d 949 (La. 1992); State v. Jordan, 440 So.2d 716 (La. 1983); La.C.Cr.P. art. 905.2.
Evidence of unrelated convictions is limited to crimes classified as felonies and may be proved by "the document certifying the fact of conviction and . . . the testimony of the victim or of any eyewitness to the crime . . .". Jackson, 608 So.2d at 954. A further limitation is placed by Jackson on this evidence by "specifically prohibit[ing] evidence of the original charge when the conviction is for a lesser offense." Id. This limitation would prohibit witness testimony relevant to the original offense of which the defendant was charged in an unrelated matter and to which the defendant pleaded guilty to a lesser offense. To allow introduction of evidence of the original charge risks juror confusion and arbitrary sentencing recommendations. See State v. Bourque, supra.
Dennis, J. not on panel
Marcus, J., concurs
Hall, J., dissents
Lemmon, J., dissents