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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 40 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 10th day of July, 2006 , are as follows:

BY KNOLL, J. :

2005-K- 1569

STATE OF LOUISIANA v. MELVIN ELIE (Parish of E. Baton Rouge) (Manslaughter) For the foregoing reasons, we reverse the appellate court's judgment. We reinstate the defendant's jury conviction and the trial court's imposition of a sentence of twenty years at hard labor. REVERSED; DEFENDANT'S CONVICTION AND SENTENCE AFFIRMED. CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents and assigns reasons. JOHNSON, J., dissents.

07/10/2006 SUPREME COURT OF LOUISIANA NO. 2005-K-1569

STATE OF LOUISIANA Versus

MELVIN ELIE ON WRIT OF CERTIORARI FROM THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE

KNOLL, Justice This case concerns a criminal defendant, Melvin Elie, who was indicted for second-degree murder, but convicted of manslaughter, a responsive verdict, by the jury. The court of appeal reversed the defendant's conviction and sentence on defendant's challenges of jury discrimination based on Batson v. Kentucky, 476 U.S. 79 (1986), and on the State's violation of discovery rules. We granted the State's writ, State v. Elie, 05-1569 (La. 2/3/06), 922 So. 2d 1154, to primarily address the jury equal protection issue under Batson in connection with the precepts of three recent decisions by the United States Supreme Court, Johnson v. California, 545 U.S. ___, 125 S.Ct. 2410 (2005), Miller-El v. Dretke, 545 U.S. ___, 125 S.Ct. 2317 (2005), and Rice v. Collins, 546 U.S. ___, 126 S.Ct. 969 (2006). For the following reasons, we reverse. FACTS AND PROCEDURAL HISTORY On December 7, 2002, defendant, Melvin Elie, was playing dominos at Howard McGruder's house on Sobers Street in Baton Rouge, Louisiana, when Quinton Joseph arrived and threatened him. After a physical altercation ensued between Joseph and defendant, Joseph left the residence, telling the defendant, "It ain't over."

On the next day, Joseph, Tyrone Butler, and Daniel Badon were passengers in a vehicle George Smith was driving. At some point, Joseph asked Smith to drop him off near McGruder's house. Shortly thereafter, Smith returned to pick up Joseph and found him arguing with defendant. When Joseph entered the car, defendant fired several rounds at him; three rounds struck Joseph, killing him instantly. Although investigators recovered several bullets used in the shooting, they were never able to locate the murder weapon. A grand jury indicted the defendant with second-degree murder, a violation of LA. REV. STAT. ANN.

Download 2005-K-1569 STATE OF LOUISIANA v. MELVIN ELIE (Parish of E. Baton Rouge) (Mansla

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