Opinion
2022-KK-01722
02-14-2023
STATE OF LOUISIANA v. BRIAN DOUGLAS HORN
State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of Desoto, 42nd Judicial District Court Number(s) 20,372, Court of Appeal, Second Circuit, Number(s) 54,854-KW;
Writ application granted. See per curiam.
JTG
WJC
JBM
ERH
Weimer, C.J., dissents and would grant and docket.
Hughes, J., dissents and would grant and docket.
Griffin, J., dissents and would grant and docket.
Crichton, J., recused.
Retired Judge Eric Harrington appointed Justice ad hoc.
On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Desoto
PER CURIAM
Writ granted. The court of appeal erred in reversing the trial court's pre-trial determination that defendant's two prior convictions for sex offenses would be admissible pursuant to La. C.E. art. 404(B)(1) in this capital trial. State v. Horn, 54-854 (La.App. 2 Cir. 9/1/22)(unpubl.), rehearing denied (with one judge voting to grant the rehearing), (10/20/22).
Louisiana Code of Evidence Article 404(B)(1) provides for the admissibility of other crimes evidence if the state establishes an independent and relevant reason for its admission. State v. Miner, 17-1586, p. 1 (La. 1/4/18), 232 So.3d 551, 552 (citation omitted). It is the duty of the trial court in its gatekeeping function to determine the independent relevancy of such evidence. State v. Altenberger, 13-2518, p. 8 (La. 4/11/14), 139 So.3d 510, 515. The trial court must balance the probative value of the other crimes, wrongs, or acts evidence against its prejudicial effects before the evidence can be admitted. State v. Henderson, 12-2422, p. 2 (La. 1/4/13), 107 So.3d 566, 567-68 (citing La. C.E. art. 403). A trial court's ruling on the admissibility of other crimes evidence will not be disturbed absent an abuse of discretion. State v. Brown, 18-01999, p. 39 (La. 9/30/21), 330 So.3d 199, 236, cert. denied, __ U.S. __, 142 S.Ct. 1702 (2022).
The trial court's ruling was not based upon an erroneous application of the law or a clearly erroneous assessment of the evidence; thus, there is no basis for the court of appeal finding that the trial court abused its discretion. As such, the appellate court erred in overturning the trial court's ruling. Accordingly, we reverse the ruling of the court of appeal, reinstate the trial court's ruling, and remand for further proceedings.