Case: 486528 D O C K E T M A S T E R Date: 07/31/2010
Section: H/B Time: 15:45:47
Class: 2
ORLEANS PARISH CRIMINAL DISTRICT COURT
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DF# DEFENDANT(S): CNTS CHARGE(S):
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1 PAYTON, NATHANIEL
1 RS 14 30.1 BOND: 1,500,000.00
SECOND DEGREE MURDER
1 RS 14 31 BOND: 0.00
MANSLAUGHTER
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DATE PROCEEDINGS
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05/28/2009 SHANKLINL
FILED INDICTMENT
"TRUE BILL"
CAPIAS ISSUED
BOND SET $1,500,000.00
MAGISTRATE PAPERWORK FILED (NONE)
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ALLOTTED. TRANSFERED TO SECTION "B" UNDER THE RULES OF THE
COURT TO FOLLOW CASE NO. 481-453 AND 481-454.
06/04/2009 APERWHITEM
CASE REC'D ON 6/4/09. SET FOR ARRAIGNMENT ON 6/12/09 TO FOLLOW
CASE 481453.
06/12/2009 LONDONC
>DEFENDANT, NATHANIEL PAYTON , DID NOT APPEAR. >COURT RESET
ARRAIGNMENT. THE COURT WAS CLOSED ON THIS DAY. >ARRAIGNMENT SET
FOR 06/12/09 >MAIL NOTICE TO DEFENDANT.
06/17/2009 APERWHITEM
>THE DEFENDANT, NATHANIEL PAYTON APPEARED FOR ARRAIGNMENT.
>REPRESENTED BY RICK TESSIER >INDICTMENT WAS READ. >DEFENDANT
ENTERED PLEA OF NOT GUILTY. >DEFENDANT INFORMED OF RIGHT TO
TRIAL BY JUDGE OR JURY. >DEFENDANT REMANDED TO CRIMINAL
SHERIFF. >BOND HEARING SET FOR 06/22/09 >PDOJL
FILE SURETY BOND: $220,000 DATE OF BOND: 2/19/09
SURETY: TYNEKIA BUCKLEY BAIL BONDS
06/22/2009 APERWHITEM
SET FOR BOND HEARING ON 6/23/09. PDOJL
>DEFENDANT, NATHANIEL PAYTON APPEARED WITH COUNSEL, RICK TESSIER
FOR BOND HEARING >BOND HEARING SET FOR 06/23/09 >PDOJL
06/23/2009 LONDONC
>THE DEFENDANT, NATHANIEL PAYTON APPEARED FOR BOND HEARING WITH
COUNSEL, RICK TESSIER THE DEFENSE CALLED THE FOLLOWING
WITNESSES, WHO, AFTER BEING SWORN BY COURT GAVE TESTIMONY AND
WERE SWORN BY THE COURT GAVE TESTIMONY AND WERE CROSS EXAMINED
BY THE STATE: TERRANCE GREEN THE COURT REDUCED THE BOND TO
$1,000,000 AND SIGNED BAIL ORDER NUMBER 12426. >DISCOVERY
HEARING SET FOR 06/26/09 >PDOJL
06/26/2009 LONDONC
>THE DEFENDANT, NATHANIEL PAYTON APPEARED FOR DISCOVERY HEARING
WITH COUNSEL, RICK TESSIER THE STATE TURNED OVER TO THE DEFENSE
THE FOLLOWING DISCOVERY: -INITIAL SUPPLEMENTAL REPORT DATE
03/17/09. -STATEMENT OF WITNESS GIVEN TO DETECTIVE ON 03/16/09.
-CRIME SCENE TECHINICAN REPORT. -EVIDENCE AND PROPERTY
RECEIPTS. -INCIDENT REPORT DATED 08/02/08. -CONFISCATED
FIREARMS REPORT. -CRIME LAB BALLISTICS REPORT. -AUTOPSY
PROTOCOL. >HEARING ON MOTIONS SET FOR 08/07/09 >SEND NOTICES.
>PDOJL
08/07/2009 LONDONC
>DEFENDANT NATHANIEL PAYTON DID NOT APPEAR FOR HEARING ON
MOTIONS >DEFENDANT IN CUSTODY AND NOT BROUGHT INTO COURT. >THE
COURT RESET THIS HEARING ON MOTIONS DUE TO COURT CLOSING.
>HEARING ON MOTIONS SET FOR 09/11/09 >SEND NOTICES. >PDOJL
09/11/2009 LONDONC
>THE DEFENDANT, NATHANIEL PAYTON APPEARED FOR HEARING ON MOTIONS
WITH COUNSEL, RICK TESSIER >HEARING ON MOTIONS SET FOR 09/28/09
>SEND NOTICES. >PDOJL
09/28/2009 APERWHITEM
SET FOR HEARING ON MOTION ON 9/29/09. PDOJL
>DEFENDANT, NATHANIEL PAYTON APPEARED WITHOUT COUNSEL FOR
HEARING ON MOTIONS >CONTINUED ON DEFENSE MOTION. >HEARING ON
MOTIONS SET FOR 09/29/09 >PDOJL
09/29/2009 LONDONC
>DEFENSE COUNSEL JOHN FULLER APPEARED WITHOUT DEFENDANT,
NATHANIEL PAYTON FOR HEARING ON MOTIONS >CONTINUED ON DEFENSE
MOTION. THE DEFENSE WAIVED THE DEFENDANT'S PRESENCE. >HEARING
ON MOTIONS SET FOR 10/15/09 >SEND NOTICES. >PDOJL
10/15/2009 LONDONC
>DEFENSE COUNSEL JOHN FULLER APPEARED WITHOUT DEFENDANT,
NATHANIEL PAYTON FOR HEARING ON MOTIONS >DEFENDANT IN CUSTODY
AND NOT BROUGHT INTO COURT. >RESET, TRIAL IN PROGRESS. PROGRESS
IN CASE 473-169. >HEARING ON MOTIONS SET FOR 10/20/09 >SEND
NOTICES. >PDOJL
10/20/2009 LONDONC
>THE DEFENDANT, NATHANIEL PAYTON APPEARED FOR HEARING ON MOTIONS
WITH COUNSEL, JOHN FULLER >THESE MOTIONS DID LIE: >SUPPRESS
EVIDENCE >SUPPRESS IDENTIFICATION >STATE CALLED KEIFFER BROWN
>DENIED MOTION TO SUPPRESS EVIDENCE. >DENIED MOTION TO SUPPRESS
IDENTIFICATION. >TRIAL SET FOR 02/09/10 >SEND NOTICES. >PDOJL
01/27/2010 LONDONC
>DEFENDANT, NATHANIEL PAYTON DID NOT APPEAR FOR STATUS HEARING
>PRE-TRIAL CONFERENCE SET FOR 01/29/10 >PDOJL
01/29/2010 LONDONC
>DEFENDANT, NATHANIEL PAYTON DID NOT APPEAR FOR PRE-TRIAL
CONFERENCE >TRIAL SET FOR 02/09/10 >SEND NOTICES. >PDOJL
02/05/2010 LONDONC
>DEFENSE COUNSEL JOHN FULLER APPEARED WITHOUT DEFENDANT,
NATHANIEL PAYTON FOR STATUS HEARING >CONTINUED ON JOINT MOTION.
>TRIAL SET FOR 03/08/10 DISREGARD PREVIOUSLY SET TRIAL DATE FOR
02/09/10. >SEND NOTICES. >PDOJL
03/08/2010 CATHERINEG
PER THE REQUEST OF THE COURT TRIAL SET FOR 03/09/10. PDOJL.
>DEFENDANT ELECTED TRIAL BY JURY. >JOHN ALFORD and EUIS
PHILLIPS REPRESENTED THE STATE. THE STATE FILED: -MOTION FOR
DISCOVERY. GRANTED. -MOTION TO VIEW THE CRIME SCENE. GRANTED.
>THE JURY RETIRED AT 4:25 PM FOR THE EVENING. >TRIAL CONTINUED
TO 03/09/10 >PDOJL
03/09/2010 CATHERINEG
PER THE REQUEST OF THE COURT TRIAL SET FOR 03/10/10. PDOJL.
>DEFENDANT, NATHANIEL PAYTON , APPEARED REPRESENTED BY JOHN
FULLER and RICK TESSIER >JOHN ALFORD and EUIS PHILLIPS
REPRESENTED THE STATE. >TRIAL CONTINUED FROM 03/08/10 >THE
STATE OFFERED STIPULATION TO DEFENSE AS TO TESTIMONY OF DR.
ALLEN MARR WHO IS EXPERT IN FIELD OF TRAUMA SURGERY ACCEPTED
>THE DEFENSE OFFERED STIPULATION TO STATE THAT THE CURRENCY
SEIZED IS U.S. $781.99 AND ADMISSABLE. ACCEPTED >STATE
WITNESSES: >STATE EVIDENCE: S-1 S-10 S-11 S-12 S-13 S-14 S-15
S-16 S-17 S-18 S-19 S-2 S-20 S-21 S-22 S-23 S-24 S-25 S-26 S-27
S-28 S-29 S-3 S-30 S-31 S-32 S-33 S-34 S-35 S-36 S-37 S-38 S-39
S-4 S-40 S-41 S-42 S-43 S-44 S-45 S-47 S-48 S-48A S-48B S-48C
S-48D S-48E S-48F S-49 S-5 S-50 S-6 S-7 S-8 S-9 >DEFENSE
WITNESSES: >DEFENSE EVIDENCE: D-1 D-2 >THE JURY RETURNED AT
10:41 AM FOR DAY 2 OF TRIAL. >THE JURY RECESSED AT 1:13 PM FOR
LUNCH. >THE JURY RETURNED AT 2:27 PM FROM LUNCH. >THE JURY
DEPARTED THE COURT AT 7:40 PM TO VIEW THE CRIME SCENE. THE JURY
ENDED THE VIEWING OF THE CRIME SCENE AT 8:30 PM. >THE COURT
DENIED THE DEFENSE MOTION FOR MISTRIAL. >TRIAL CONTINUED TO
03/10/10 >PDOJL
03/10/2010 LONDONC
>DEFENDANT, NATHANIEL PAYTON , APPEARED REPRESENTED BY JOHN
FULLER and RICK TESSIER >JOHN ALFORD and EUIS PHILLIPS
REPRESENTED THE STATE. >TRIAL CONTINUED FROM 03/09/10 >THE
DEFENSE OFFERED STIPULATION TO STATE AS TO TESTIMONY OF DR.
RICHARD TRACY WHO IS EXPERT IN FIELD OF PATHOLOGY ACCEPTED THE
DEFENSE OFFERED A STIPULATION TO THE STATE AS TO THE TESTIMONY
OF SGT. MYRON BUSCH, WHO IS AN EXPERT IN THE FIELD OF
BALLISTICS AND FIREARMS EXAMINATIONS. >STATE WITNESSES: >STATE
EVIDENCE: S-1 S-10 S-11 S-12 S-13 S-14 S-15 S-16 S-17 S-18 S-19
S-2 S-20 S-21 S-22 S-23 S-24 S-25 S-26 S-27 S-28 S-29 S-3 S-30
S-31 S-32 S-33 S-34 S-35 S-36 S-37 S-38 S-39 S-4 S-40 S-41 S-42
S-43 S-44 S-45 S-46 S-47 S-48 S-48A S-48B S-48C S-48D S-48E
S-48F S-49 S-5 S-50 S-51 S-52 S-53 S-54 S-55 S-56 S-57 S-6 S-7
S-8 S-9 >THE STATE THEN RESTED @ 12:05 PM. >DEFENSE WITNESSES:
>DEFENSE EVIDENCE: D-1 D-2 D-3 D-4 >THE DEFENSE THEN RESTED @
5:31 PM. >THE JURY RETURNED AT 10:24 AM FOR DAY 2 OF TRIAL.
>THE JURY RECESSED AT 1:00 PM FOR LUNCH. >THE JURY RETURNED AT
2:16 PM FROM LUNCH. >THE JURY RETIRED AT 5:40 PM FOR THE
EVENING. >THE COURT DENIED THE DEFENSE MOTION FOR MISTRIAL. THE
COURT DENIED THE STATE'S REQUEST TO HAVE THE SENTENCING RANGE
OF THE RESPONSIVE VERDICTS EXCLUDED IN THE JURY INSTRUCTIONS.
THE STATE FILED NOTICE OF INTENT TO FILE WRIT. THE COURT GRANTED
UNTIL 9:00 AM ON 03/11/10. THE STATE FILED MOTION FOR STAY OF
PROCEEDINGS. >TRIAL CONTINUED TO 03/11/10 >PDOJL
03/11/2010 LONDONC
>DEFENDANT, NATHANIEL PAYTON , APPEARED REPRESENTED BY JOHN
FULLER and RICK TESSIER THE STATE FILED: -LETTER CONFIRMING
THAT MR. RICK TESSIER HAD RECEIVED ALL DISCOVERY ASSOCIATED
WITH THIS MATTER, TO INCLUDE A COPY OF THE 911 INCIDENT RECALL,
A COPY OF THE 911 TAPE, THE ARREST REPORT, INCLUDING THE COPY
OF THE WITNESS KIEFER BROWN'S AUDIO STATMENT. >JOHN ALFORD and
EUIS PHILLIPS REPRESENTED THE STATE. >TRIAL CONTINUED FROM
03/10/10 JOHN FULLER GAVE THE CLOSING ARGUMENT FOR THE DEFENSE.
>JURY RETIRED TO DELIBERATE. >JURY RETURNED WITH VERDICT. >FOR
DEFENDANT NATHANIEL PAYTON >FOR 1 GUILTY OF RS 14 31
MANSLAUGHTER >SENTENCING SET FOR 03/31/10 >PDOJL
03/31/2010 LONDONC
>THE DEFENDANT, NATHANIEL PAYTON APPEARED FOR HEARING ON MOTIONS
SENTENCING WITH COUNSEL, JOHN FULLER AND RICK TESSIER. THE
DEFENSE OBJECTED TO THE TESTIMONY OF CHERIE ROUSELLE-JOSEPH.
>THE COURT DENIED THE MOTION. >THE STATE CALLED THE FOLLOWING
VICTIM IMPACT WITNESSES WHO WERE DULY SWORN BY THE COURT. CYRIL
ROUSELLE JR. CHERIE ROUSELLE-JOSEPH RENITA THOMPSON-ROUSELLE
>MOTION FOR A NEW TRIAL SET FOR 04/07/10 THE DEFENSE MOTION FOR
NEW TRIAL IS DUE. >SENTENCING SET FOR 04/09/10 >PDOJL
04/07/2010 LONDONC
>DEFENSE COUNSEL JOHN FULLER/RICK TESSIER APPEARED WITHOUT
DEFENDANT, NATHANIEL PAYTON FOR MOTION FOR A NEW TRIAL MOTION
FOR NEW TRIAL WAS SUPPOSE TO BE FILED TODAY, THERE IS NONE
>SENTENCING SET FOR 04/09/10 >PDOJL
04/09/2010 DUPLESSIST
CLERK'S OFFICE RECEIVED DEFENSE MOTION AND ORDER TO RELEASE
EVIDENCE TO A DISTRICT ATTORNEY INVESTIGATOR AND/OR ITS ASSIGN.
>THE DEFENDANT, NATHANIEL PAYTON APPEARED FOR SENTENCING WITH
COUNSEL, RICK TESSIER THE COURT DENIED THE DEFENSE MOTION FOR
NEW TRIAL. >SENTENCE: >AS TO COUNT 1, >40 YEARS, AT DOC AT HARD
LABOR. >CONCURRENT WITH THESE CASES: ANY OTHER SENTENCE MAY BE
SERVING. >INCLUDES A CRIME OF VIOLENCE. >CREDIT FOR TIME
SERVED. THE COURT APPOINTED THE LOUISIANA APPELLATE PROJECT TO
REPRESENT THE DEFENDANT. >RETURN DATE FOR APPEAL SET FOR
05/28/10 >PDOJL
04/12/2010 LONDONC
>DEFENDANT, NATHANIEL PAYTON DID NOT APPEAR FOR FILING(S) IN
OPEN COURT THE STATE FILED: -MOTION AND ORDER TO RELEASE
EVIDENCE TO A DISTRICT ATTORNEY INVESTIGATOR AND/OR ITS ASSIGN.
>RETURN DATE FOR APPEAL SET FOR 05/28/10
05/05/2010 DUPLESSIST
CLERK'S OFFICE RECEIVED DEFENSE MOTION TO ENROLL AS COUNSEL OF
RECORD ON APPEAL.
05/27/2010 DINETH
CLERK'S OFFICE RECEIVED DEFENSE MOTION TO WITHDRAW MOTION TO
ENROLL AS COUNSEL OF RECORD ON APPEAL.
(AS TO NATHANIEL PAYTON)
>DEFENSE COUNSEL RON OHLSEN APPEARED WITHOUT DEFENDANT,
NATHANIEL PAYTON FOR DEFENSE FILED MOTIONS >DEFENSE FILED:
>-MOTION TO WITHDRAW AS COUNSEL OF RECORD. >RETURN DATE FOR
APPEAL SET FOR 07/07/10 >PDOJL
05/28/2010 LONDONC
>DEFENDANT, NATHANIEL PAYTON DID NOT APPEAR FOR RETURN DATE FOR
APPEAL >APPEAL STATUS SET FOR 07/07/10 >PDOJL
07/07/2010 LONDONC
>DEFENDANT, NATHANIEL PAYTON DID NOT APPEAR FOR APPEAL STATUS
>CONTINUED WITHOUT DATE.
>DEFENDANT, NATHANIEL PAYTON DID NOT APPEAR FOR RETURN DATE FOR
APPEAL >CONTINUED WITHOUT DATE.
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END OF DOCKET MASTER
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