Opinion
No. 99-KD-3215.
November 11, 1999.
IN RE: Evans, Erran G.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, Nos. 384-890;
Granted. Ruling of the trial judge relative to the admissibility of the Payne homicide is vacated and set aside. If the state wants to introduce this evidence in the penalty phase, trial judge is ordered to conduct a hearing outside the presence of the jury to determine whether the unadjudicated crime meets the requirements of State v. Jackson, 608 So.2d 949 (La. 1992). If additional time is necessary to meet these requirements, the trial judge should recess the case for a reasonable period of time. Otherwise denied. Case is remanded to the district court for further proceedings.
WFM
PFC
CDK
JPV
CDT
JTK
LEMMON, J., not on panel; recused.