Preview:

SUPREME COURT OF LOUISIANA
95-KA-1754 STATE OF LOUISIANA versus WILLARD ALLEN ON APPEAL FROM THE TENTH JUDICIAL DISTRICT COURT FOR THE PARISH OF NATCHITOCHES, STATE OF LOUISIANA HONORABLE W. PEYTON CUNNINGHAM, JR.

KIMBALL, Justice*
A Natchitoches Parish grand jury indicted Willard Allen for the first degree murder of Herman Ferguson, in violation of LSA-R.S. 14:30. After a trial by jury, the defendant was found guilty as charged and unanimously sentenced to death based upon the jury's findings of two aggravating circumstances. The trial judge sentenced the defendant to death in accordance with the

recommendation of the jury. This is the direct appeal of his conviction and sentence. On appeal, Allen relies on twelve assignments of error. We find no merit in any of the assignments and affirm both the conviction and sentence. FACTS The following facts were adduced in the guilt phase of the defendant's trial. On September 7, 1993, police responded to a call at the Cherokee Club (Club) in Campti, Louisiana. Upon arrival at the club, police discovered the body of Herman Ferguson, who had been shot six times with a .380 caliber weapon. His body was discovered by Kathy Jacobffy (club bartender) and Mary Messick (club co-owner). There was also evidence that indicated money had been stolen from the club's safe.

The investigating officer, Deputy Wade Ebert, learned the defendant, a frequent patron and former part-time employee of the club was at the club with the victim when it closed in the early morning hours of September 7. It was also learned during this initial investigation at the scene that

*

Calogero, C.J., not on panel. Rule IV, Part 2,

Download 95-KA-1754.pdf

Louisiana Law