State Of Louisiana v. Christopher Buckenberger

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0833

VERSUS

CHRISTOPHER BUCKENBERGER
SEP 0 3 2019

In Re: Christopher Buckenberger, applying for supervisory
writs, 22nd Judicial District Court, Parish of St.

Tammany, No. 410991.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

WRIT DENIED. The district court did not err in denying
relator' s claims. Relator' s complaint about the untimely
probable cause hearing following his arrest in this case is

procedurally barred because it was previously addressed by this
court on appeal. See La. Code Crim. P. art. 930. 4( A). The
First Amendment does not protect a true threat, which is " a

statement that a reasonable recipient would have interpreted as
a serious expression of an intent to harm or cause injury to
another." See United States v. Beale, 620 F. 3d 856, 865 ( 8th
Cir. 2010), cert. denied, 562 U. S. 1190, 131 S. Ct. 1023, 178
L. Ed. 2d 847 ( 2011). In the instant case, relator threatened to
kill the officers who arrested him. Relator' s statements, which

threatened violence toward law enforcement officers during a

lawful arrest, are not encompassed under the " threats" that the

Fifth Circuit Court of Appeals found to be unconstitutionally
overly broad. See Seals v. McBee, 898 F. 3d 587, 596- 97 ( 5th
Cir. 2018). Accordingly, relator' s convictions and sentences

for violating the public intimidation statute ( La. R. S. 14: 122)
are valid.

TMH
AHP

WIL

COURT OF APPEAL, FIRST CIRCUIT

V
D P T CLERK OF COUffF
FOR THE COURT