Opinion
23-K-403
08-17-2023
STATE OF LOUISIANA v. VINCENT GOFFNER, JACOREY DAVIS, AND MALIK RODRIGUE IN RE STATE OF LOUISIANA
SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS, DIVISION "G", NUMBER 22-209
Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and John J. Molaison, Jr.
This Court previously determined in writ 23-K-179 (La.App. 5th Cir. 4/7/23) (unpublished disposition), that evidence of Vincent Goffner's Instagram records, Facebook records, iCloud records, and cell phone extraction are all admissible pursuant to the provisions of La. C.E. art. 404(B). We noted in the prior disposition that the State did not detail which specific pieces of evidence it would seek to introduce at trial, but rather requested an in globo ruling that all the evidence be deemed admissible. As part of our ruling, we remanded the matter with instructions that, should the defendant re-urge this issue, the trial court would require the State to identify specifically the items that it desires a res gestae/404(B) ruling on in order that the trial court can properly rule as to each specific item.
We referred to the practice as a "document dump," done with the expectation "that the trial court, defense counsel, and now this Court could simply comb through the items to make appropriate objections to (in the case of defense counsel) and appropriate rulings on admissibility (in the case of the trial court and this Court)."
Once again, we find that the defendant's motion, the State's in globo evidence, and the trial court's current ruling all lack the specificity that we previously ordered on remand. Accordingly, the writ is granted and the trial court's ruling is vacated. Should the defendant re-urge this issue, we instruct that the State must specifically identify the evidence it intends to introduce at trial. In turn, the defendant must specify what evidence he seeks to exclude under La. C.E. art. 404(B)(i) and (ii), and that the trial court shall make a ruling on each identified exhibit, specifically and individually.
WRIT GRANTED; STAY DENIED
JJM
SMC
MEJ