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Supreme Court of Louisiana
FOR IMMEDIATE NEWS RELEASE FROM: CLERK OF SUPREME COURT OF LOUISIANA NEWS RELEASE #056

The Opinions handed down on the 7th day of September, 2011, are as follows:

BY KIMBALL, C.J.: 2010-KA-0216 STATE OF LOUISIANA v. FELTON DEJUAN DORSEY (Parish of Caddo) (1st Degree Murder) For the reasons assigned herein, the defendant's conviction and death sentence is affirmed. This judgment becomes final on direct review when either: (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing. The district court shall upon receiving notice from this Court of finality of direct appeal under La. C.Cr.P. art. 923, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with a reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:169; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts. AFFIRMED

09/07/11

SUPREME COURT OF LOUISIANA NO. 2010-KA-0216 STATE OF LOUISIANA VERSUS FELTON DEJUAN DORSEY ON APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT, FOR THE PARISH OF CADDO HONORABLE JOHN D. MOSLEY, JR., JUDGE Kimball, C.J. On May 17, 2006, Felton Dejuan Dorsey and Randy Wilson were indicted by a Caddo Parish grand jury for the first degree murder of Joe Prock and attempted first degree murder of Bobbie Prock. The state subsequently dismissed the latter charge against both by amendment. On May 18, 2006, the state gave notice of its intention to seek the death penalty at Dorseys (hereinafter "defendant") trial, alleging five aggravating factors. On May 4, 2009, the state filed an amended notice of intent to seek the death penalty, reducing the alleged aggravating factors to the following three: (1) defendant was engaged in the perpetration or attempted perpetration of aggravated rape, aggravated kidnapping, aggravated burglary, aggravated arson, aggravated escape, armed robbery or simple robbery; (2) defendant knowingly created a risk of death or bodily harm to more than one person; and (3) defendant offered, has been offered, has given, or has received anything of value for the commission of the offense. In the week proceeding trial, Wilson entered a plea agreement with the state, agreeing to testify at defendants trial in exchange for pleading guilty to murder, thereby avoiding a

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capital murder trial, and receiving a sentence of life imprisonment without benefit of probation, parole, or suspension of sentence. The district court appointed the Caddo Parish Public Defenders Office to represent Dorsey and attorney Alan Golden was assigned to the case. Jury voir dire began on May 11, 2009, and was completed on May 18, 2009. Defendant exercised all twelve of his peremptory challenges, while the state only exercised eleven. The defense asserted a Batson challenge, alleging the state used

peremptory challenges to strike five of the seven black prospective jurors who remained after death qualification.1 Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The district court initially ordered the state to provide race neutral reasons for striking the jurors and the state objected, arguing statistics alone could not provide prima facie evidence of purposeful discrimination. The state further asserted it consistently used peremptory challenges to eliminate all prospective jurors, regardless of race, who rated themselves a "four" or higher on the states five-point scale, indicating a preference in favor of imposing a life sentence. After hearing the states response, the district court found the defense had not made a prima facie case of racial discrimination and set aside its previous order. The racial composition of the jury was eleven whites and one black. Trial began on May 19, 2009, and was completed on May 26, 2009. The jury deliberated for forty-five minutes before unanimously finding defendant guilty of first degree murder. At trial, the state presented thirty-eight witnesses and the defense chose not to present any witnesses. The penalty phase began on May 27, 2009, and concluded on May 28, 2009, during which the state presented eight witnesses, including two former coworkers of the victim, the victims wife, mother, brother, and daughter, and two additional witnesses to establish
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According to the district court, eight prospective black jurors remained after death qualification. The state used peremptory challenges to strike five, the defense used a peremptory challenge to strike one, one served on the jury, and the jury was selected before the last prospective black juror was reached.
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defendants five prior felony convictions. The defense presented three witnesses during the penalty phase, including a mitigation investigator, a social worker who compiled defendants social history, and an expert psychologist. At the conclusion of the penalty phase, the jury recommended defendant be sentenced to death. After denying defendants Motion for New Trial, the district court sentenced him on July 7, 2009, to die by lethal injection. Defendants Motion for Appeal was granted and on July 28, 2009, the Capital Appeals Project was appointed to represent him. Defendant now appeals his conviction and death sentence, under La. Const. art. V,

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