Opinion
No. 98-KK-0640
March 18, 1998
IN RE: Jeremiah Johnston; (Defendant); Applying for Reconsideration of this Court's Order dated March 12, 1998; Court of Appeal No. KW98 0516; Parish of Fast Baton Rouge 19th Judicial District Court Div. "F" Number 5-97-575.
Rehearing denied.
WFM
CDK
BJJ
JPV
CDT
CALOGERO, C.J., — would grant the rehearing and assigns reasons.
KNOLL, J., — would grant the rehearing.
LEMMON, J., — not on panel.
I would grant the rehearing application for reasons consistent with this Court's opinion in State v. Welch, 615 So.2d 300 (La. 1993). Evidence of a prior volatile and confrontational relationship, including prior acts of violence or threatened violence, between the victim and the defendant is admissible to provide the jury with a context in which to evaluate the acts charged against the defendant even when that evidence does not relate directly to an essential element of the offense or to any specific defense. Thus, the confrontational relationship between the defendant and the victim in the instant case is necessary for the jury to put the events that culminated in the death of the victim in the proper context.