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03/22/02 "See News Release 24 for Dissents and Concurrences"

SUPREME COURT OF LOUISIANA No. 00-KP-0522 State of Louisiana versus Joseph Hampton ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS JOHNSON, Justice*
We granted the defendant's writ application to consider whether he voluntarily waived or suffered a deprivation of his right to testify in his own defense. It is wellsettled that a criminal defendant has a constitutional right to testify on his own behalf. However, this right may be waived by a criminal defendant. After considering the record, we find the defendant did not waive his right to testify in his own defense. We therefore reverse the court of appeal's ruling which held that denial of the defendant's right to testify was harmless-error. FACTS AND PROCEDURAL HISTORY This case comes before the Court on Joseph Hampton's ("defendant") second writ application. Unlike the first, this application is limited to post-conviction relief alleging denial of the defendant's right to testify. We, nevertheless, find a factual review helpful in examining the defendant's claims. On June 14, 1992, Ms. Gwendolyn Bannister hosted an outdoor block party in a courtyard of the St. Thomas Housing Development. Mr. Anthony Garrison ("Mr. Garrison") acted as Disc Jockey for the party where, among others, the defendant and
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Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision. -1-

Mr. Mark Singer were present. On the evening preceding the party, the defendant and Mr. Durrell Robinson had an argument. On the evening of the party, however, Mr. Garrison brought the defendant and Mr. Robinson together to resolve their differences. Mr. Garrison testified that during the early part of the evening of the party, he saw the defendant and Mr. Robinson shake hands on two occasions. Mr. Garrison also testified that Mr. Robinson told him the matter was "squashed." Nevertheless, Mr. Singer seemingly had problems with such a quick resolution. The block party ended between 11:30 PM and midnight. Suddenly, as Mr. Garrison was removing his equipment from the front porch of an apartment building, shots rang out. Garrison ducked for cover. He testified that just before the shooting, he saw four or five armed men in an alley across the courtyard. Mr. Garrison recognized Mr. Singer with an assault rifle and the defendant with a handgun. He later testified that he did not see the defendant firing the handgun. He did, however, indicate he saw Mr. Singer firing the assault rifle at Durrell Robinson. Robinson died on the spot.1 After the police arrived, they apprehended Mr. Singer. The arresting police officer testified that Mr. Garrison gave a statement, which Ms. Bannister corroborated, describing Mr. Singer as the perpetrator. Although neither witness initially named the defendant, they subsequently did so. Consequently, the defendant and Mr. Singer were both indicted for second degree murder, pursuant to LSA-R.S.

Download 2000-KP-0522 STATE OF LOUISIANA v. JOSEPH HAMPTON.pdf

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