State of Louisiana v. Chadwick McGhee
Also decided on this docket: La. Ct. App. 3d Cir., October 4, 2017; La. Ct. App. 3d Cir., November 4, 2015
State of Louisiana v. Chadwick McGhee, No. KA-0015-0285 (La. Ct. App. 3d Cir. Jan. 30, 2019).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. McGhee 179 So. 3d 739
- State v. McGhee 178 So. 3d 316
- State of Louisiana v. Chadwick McGhee 223 So. 3d 1136
- State v. McGhee 229 So. 3d 581
- State v. McGhee 227 So. 3d 863
- State of Louisiana v. Jubbard Price 250 So. 3d 230
- State v. Mayeux 498 So. 2d 701
- State v. Thibodeaux 380 So. 2d 59
- State v. Vincent 387 So. 2d 1097
- State v. McGhee 252 So. 3d 895
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
15-285
STATE OF LOUISIANA
VERSUS
CHADWICK MCGHEE
**********
ON REMAND FROM THE
LOUISIANA SUPREME COURT TO
TO THE THIRD CIRCUIT COURT OF APPEAL,
STATE OF LOUISIANA
**********
APPEAL FROM THE TWELFTH JUDICIAL
DISTRICT COURT, PARISH OF AVOYELLES,
STATE OF LOUISIANA, NO. 176,957
HONORABLE WILLIAM J. BENNETT,
DISTRICT JUDGE
**********
SHANNON J. GREMILLION
JUDGE
**********
Court composed of Shannon J. Gremillion, Phyllis M. Keaty, and Candyce G. Perret,
Judges.
CONVICTION SET ASIDE.
Charles A. Riddle, III
District Attorney, Twelfth Judicial District Court
Michael F. Kelly
Assistant District Attorney
P. O. Box 1200
Marksville, LA 71351
(318) 253-5815
COUNSEL FOR APPELLEE:
State of Louisiana
Paula C. Marx
Louisiana Appellate Project
P. O. Box 80006
Lafayette, LA 70598-0006
(337) 991-9757
COUNSEL FOR DEFENDANT/APPELLANT:
Chadwick McGhee
Chadwick McGhee
Louisiana State Penitentiary
Main Prison - Walnut 4
Angola, LA 70712
PRO SE
GREMILLION, Judge.
Defendant, Chadwick McGhee, was originally charged with second degree
kidnapping, a violation of La.R.S. 14:44.1, but was found guilty of simple
kidnapping, a violation of La.R.S. 14:45. He was adjudicated a third felony offender
and sentenced to life imprisonment without the benefit of probation, parole, or
suspension of sentence. This court vacated his conviction due to insufficient
evidence being presented at trial, which required the vacating of his habitual
offender life sentence. State v. McGhee, 15-285 (La.App. 3 Cir. 11/4/15), 179 So.3d
739; State v. McGhee, 15-286 (La.App. 3 Cir. 11/4/15), 178 So.3d 316. The supreme
court reversed this court’s ruling and remanded the case for consideration of the
pretermitted assignments of error. State v. McGhee, 15-2140, 15-2141 (La. 6/29/17),
On remand, this court affirmed Defendant’s conviction and relegated two of
Defendant’s pro se assignments of error to post-conviction relief. State v. McGhee,
15-285 (La.App. 3 Cir. 10/4/17), 229 So.3d 581. His habitual offender sentence was
affirmed as well. State v. McGhee, 15-286 (La.App. 3 Cir. 10/4/17), 227 So.3d 863.
Defendant filed a writ application in the supreme court, and on September 21,
2018, the court issued the following ruling:
Writ granted. Defendant, charged with second degree
kidnapping, was found guilty of simple kidnapping. This court
determined in State v. Price, 17-K-0520 (La. 6/27/18), 250 So.3d 230,
that guilty of simple kidnapping is not responsive to a charge of second
degree kidnapping. In addition, the return of a nonresponsive verdict
constitutes an error patent reviewable even in the absence of a defense
objection. La.C.Cr.P. 920; State v. Mayeux, 498 So.2d 701, 703 (La.
1986); State v. Thibodeaux, 380 So.2d 59 (La. 1980); State v. Vincent,
387 So.2d 1097 (La. 1980). Therefore, we grant the application to
remand to the court of appeal to reconsider its affirmance of defendant’s
conviction in light of State v. Price.
State v. McGhee, 17-1951 (La. 9/21/18), 252 So.3d 895.
In light of the supreme court’s ruling, Defendant’s conviction for simple
kidnapping is set aside, and the case remanded to the trial court for the entry of a
post-verdict judgment of acquittal on the charge of second-degree kidnapping.
DECREE
Defendant’s conviction for simple kidnapping is set aside.
CONVICTION SET ASIDE.
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