## Facts

- Michael Owen Perry was indicted on five counts of first-degree murder under La. R.S. 14:30; the victims included members of his family and a young child.
- Perry lived in a trailer behind his parents’ home at the time of the killings.
- The State presented law-enforcement and pathologist testimony describing the shootings and the victims’ wounds.
- The State introduced extensive photographic evidence depicting two crime scenes and the victims’ bodies and gunshot wounds, including 170 color photographs.
- Over defense objections that the photographs were cumulative and unfairly prejudicial, the trial court admitted them.
- A twelve-person jury unanimously found Perry guilty as charged on all five counts.
- In the penalty phase, the jury unanimously recommended death on each count, finding two statutory aggravating circumstances: (1) risk of death or great bodily harm to more than one person, and (2) especially heinous, atrocious, or cruel manner.
- The trial court imposed five death sentences.

## Issues

1. Whether a statement Perry made to a deputy while incarcerated was improperly admitted.
2. Whether testimony from Perry’s aunt about incriminating statements was improperly admitted.
3. Whether a statement Perry made during transport to a forensic facility was improperly admitted.
4. Whether physical evidence seized from the crime scenes was admitted in violation of the Fourth Amendment.
5. Whether admission of numerous color photographs of the victims and scenes was an abuse of discretion as cumulative and unfairly prejudicial.
6. Whether the trial court erred in denying a mistrial after an unsolicited reference to an uncharged theft.
7. Whether the sanity commission proceedings and competency findings were valid.
8. Whether Perry’s withdrawal of his dual plea of not guilty and not guilty by reason of insanity was knowing and voluntary.
9. Whether the death sentences were supported by statutory aggravators and were not excessive under Louisiana’s capital-sentencing review.

## Decision

- The Louisiana Supreme Court affirmed the five convictions and five death sentences.
- The court upheld admission of Perry’s challenged statements, finding the trial court’s suppression rulings supported by the record and no showing of coercion or unconstitutional interrogation.
- The court rejected the Fourth Amendment challenge, concluding the officers’ entry and seizures at the homicide scenes fell within recognized exceptions to the warrant requirement.
- The court held the trial court did not abuse its discretion in admitting the 170 color photographs because they had probative value in illustrating the scenes, injuries, and manner of killing, and corroborated testimony.
- The court affirmed denial of a mistrial based on the isolated, unsolicited reference to an uncharged theft.
- The court found the sanity commission process and competency determinations sufficient and upheld Perry’s withdrawal of the insanity plea as knowing and voluntary.
- After capital-sentencing review, the court concluded the jury’s findings of two statutory aggravators supported the death sentences and the sentences were not excessive.

## Legal Principles

- Trial-court determinations on voluntariness and admissibility of statements are upheld when supported by the record, absent proof of coercion or constitutional violation.
- Warrantless entry and seizure at an apparent homicide scene may be permissible under established exceptions to the warrant requirement, including exigent circumstances and lawful observation/seizure consistent with preserving evidence.
- Photographs are admissible if they have probative value to prove material facts such as the corpus delicti, crime-scene context, and location/extent of injuries, and are excluded only when unfair prejudice substantially outweighs probative value; the trial court has broad discretion.
- An isolated, unsolicited reference to other misconduct does not automatically require a mistrial; the remedy depends on prejudice and trial-court discretion.
- Competency proceedings must satisfy statutory and constitutional requirements; withdrawal of an insanity-related plea must be knowing, intelligent, and voluntary as shown by an adequate record inquiry.
- In capital review, death sentences are affirmed when supported by statutory aggravating circumstances and when the sentencing process is not arbitrary and the sentences are not excessive under state law.

## Conclusion

The Louisiana Supreme Court affirmed Perry’s five first-degree murder convictions and five death sentences, holding that the challenged statements and crime-scene evidence were properly admitted, the large set of graphic photographs was within the trial court’s discretion, no mistrial was required for an isolated other-acts reference, the competency and plea-withdrawal proceedings were valid, and the statutory aggravators supported non-excessive death sentences.


State v. Perry, 502 So. 2d 543 (La. 1986)