Summary
The Louisiana Second Circuit affirmed Donovan Eugene Phillips's conviction for first degree rape and his life sentence without parole, probation, or suspension of sentence. Phillips argued that the trial court abused its discretion and violated his constitutional right to present a defense by denying his request for an instanter subpoena for an impeachment witness. The court held that the issue was not preserved because Phillips did not contemporaneously object to the ruling, and it further found the assignment of error without merit.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion by denying Phillips's request for an instanter subpoena for A.P. as an impeachment witness.
- Whether the denial of the requested subpoena violated Phillips's constitutional right to present a defense.
- Whether the assignment of error was preserved for appellate review when Phillips did not contemporaneously object to the adverse subpoena ruling or raise the issue in a post-verdict motion.
Holdings
- Because Phillips failed to contemporaneously object to the trial court's denial of his motion for an instanter subpoena, the assignment of error was not preserved for appellate review.
- The alleged error was not subject to correction on error patent review because Phillips failed to preserve it and the record did not establish an error affecting his substantial rights.
Key quotations
“The defendant failed to object to the trial court’s adverse ruling on his motion for an instanter subpoena; therefore, this assignment of error is not reviewable by this Court.” (p. 8)
“For the reasons set forth above, the conviction and sentence of the defendant, Donovan Eugene Phillips, are affirmed.” (p. 9)
Factual background
Phillips was accused of sexually abusing E.C., his former stepdaughter, beginning when she was approximately seven or eight years old and continuing until she was twelve. At trial, E.C. described the abuse, and investigators found a brown backpack, lubricant, and SKYN condoms in Phillips's bedroom, corroborating details from her recorded forensic interview. Phillips denied the allegations and attributed them to his former wife's custody and divorce dispute.
Procedural history
Phillips was charged by bill of indictment with first degree rape under La. R.S. 14:42(A)(4). After a jury trial, he was convicted as charged and sentenced to life imprisonment without benefit of probation, parole, or suspension of sentence. The Louisiana Court of Appeal, Second Circuit, held that Phillips failed to contemporaneously object to the denial of his subpoena request, rendering the assignment of error unreviewable, and affirmed the conviction and sentence.