Laster v. State

The trial court improperly restricted defendant's voir dire by disallowing a question intended to determine if the extended period of time between the commission of the charged crimes and the trial biased the prospective juror's consideration of the case.

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Willie James Laster appeals his convictions for malice murder and possession of a firearm by a convicted felon in connection with the fatal shooting of his business partner, Alexander Berry. Laster challenges the convictions on numerous grounds, and we reverse because the trial court improperly restricted voir dire and the time of closing argument, and failed to properly instruct the jury regarding the return of a verdict of not guilty.1 The evidence construed in favor of the verdicts showed that Laster and Berry were co-owners of a car wash. The two men began to have disagreements about the manner in which the business should be operated. Specifically, Laster and Berry could not agree on who was going to run the business, and how the money would be divided. On May 6, 1995, Laster informed Berry that he was leaving the business, and packed up what he believed to be his share of the supplies; Laster made several trips back and forth from the car wash. That afternoon, Laster was seen placing a .45 caliber pistol in his pants.

Later that evening, Laster returned to the car wash. He positioned his car so that it was facing the road. Berry asked Laster to come inside the car wash to talk, but Laster wanted to remain outside. He and Berry remained outside while Tyson, an employee of the car wash, and a friend, Evans, went inside. Tyson and Evans heard gunshots coming from where they had left Laster and Berry talking. Tyson looked out the window and saw Laster firing shots in the direction of the ground, but did not see Berry being wounded. Berry’s body was discovered on the ground where the shots were fired. Laster got into his car and drove away. No one else was seen in the vicinity, and no weapons were found on the victim or in the area.

Laster v. State

The trial court improperly restricted defendant's voir dire by disallowing a question intended to determine if the extended period of time between the commission of the charged crimes and the trial biased the prospective juror's consideration of the case.

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