Opinion
NO. 2016 KW 0127
01-29-2016
STATE OF LOUISIANA v. RONALD DEAN BANDY, JR.
In Re: State of Louisiana, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 903019. BEFORE: McDONALD, McCLENDON AND THERIOT, JJ.
WRIT GRANTED. The trial court abused its discretion in granting the defendant's motions number one (motion in limine) and number eight (charge specificity). Under La. R.S. 14:30(A)(9)(a), testimony from the state witnesses, Benny Flowers, Jarrius Monroe, and Danielle Peters, regarding the use of John Lamonte's truck by Robae Austin and the truck being involved in a previous crime, would be allowed for the sole purpose of setting out the elements of first-degree murder to show that the killing occurred when the offender had specific intent to kill or inflict great bodily harm upon a victim who was a witness to a crime or was a member of the immediate family of a witness to a crime committed on a prior occasion and the killing was committed for the purpose of preventing or influencing the victim's testimony in any criminal action or proceeding whether or not such action or proceeding had been commenced. Accordingly, the trial court's ruling granting these defense motions is reversed.
JMM
MRT
McClendon, J. concurs. I agree with the result reached by the majority, but I would have stayed the trial in order to allow en banc consideration by this Court. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT