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State v. Mayes

Court of Appeal of Louisiana, Third Circuit

December 23, 2014

STATE OF LOUISIANA
v.
CHADDRICK D. MAYES

APPEAL FROM THE THIRTY-SIXTH JUDICIAL DISTRICT COURT, PARISH OF BEAUREGARD, NO. 2013-251. HONORABLE MARTHA A. O'NEAL, DISTRICT JUDGE.

AFFIRMED.

David W. Burton, District Attorney, Richard F. Blankenship, Assistant District Attorney, DeRidder, Louisiana, Counsel for Appellee: State of Louisiana.

Mitchel M. Evans, II, Attorney at Law, DeRidder, Louisiana, Counsel for Defendant/Appellant: Chaddrick D. Mayes.

Court composed of Shannon J. Gremillion, Phyllis M. Keaty, and John E. Conery, Judges.

OPINION

Page 1258

[14-683 La.App. 3 Cir. 1] KEATY, Judge.

Defendant, Chaddrick D. Mayes, appeals his conviction for second degree murder. For the following reasons, we affirm.

PROCEDURAL BACKGROUND

Defendant shot and killed Kenneth " Kenny" Palmer, III, following a verbal altercation which occurred between them while attending a wedding party. As a result, Defendant was charged with second degree murder, a violation of La.R.S. 14:30.1. Following a jury trial, Defendant was found guilty of that charge. The trial court thereafter heard and denied Defendant's

Page 1259

motion for a post-verdict judgment of acquittal as well as his motion for new trial. The trial court subsequently sentenced Defendant to life imprisonment.

Defendant appeals his conviction, assigning the following three errors:

(1) The jury failed to consider the evidence regarding the provocation exhibited by Palmer;
(2) The jury was confused over the use of other crimes evidence, thereby giving great weight to same in rendering its verdict, exceeding the limited purposes for which other crimes evidence may be utilized, and;
(3) The trial court abused its discretion by failing to determine the extent which Defendant would be entitled to the full version of jury instructions relative to his justifiable homicide defense. The shortened version of the jury instructions misled the jury in its deliberations as to whether Defendant was entitled to use lethal force.

DISCUSSION

I. Errors Patent

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. After reviewing the record, ...


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