Opinion
NO. 2016 KW 0563
04-29-2016
STATE OF LOUISIANA v. SENAN HUSSEIN
In Re: Senan Hussein, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 690,002. BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.
MOTION FOR STAY DENIED. WRIT GRANTED. The trial court's other crimes evidence ruling herein is reversed. We find the trial court abused its discretion in finding admissible, under La. Code Evid. art. 404B, evidence of an alleged misdemeanor shoplifting offense occurring over six months after the charged armed robbery with use of a firearm offense. See State v. Daniel, 2015-1312 (La. 7/8/15), 182 So.3d 21, State v. Garcia, 2009-1578 (La. 11/16/12), 108 So.3d 1, 39, cert. denied, ___ U.S. ___, 133 S.Ct. 2863, 186 L.Ed.2d 926 (2013). Accordingly, the misdemeanor shoplifting offense evidence shall not be introduced at the instant armed robbery trial, as it meets none of the independent relevancy requirements of Article 404B, and even if somehow arguably relevant and admissible for a legitimate Article 404B purpose, its probative value could not possibly outweigh the prejudicial effect of such evidence under La. Code Evid. art. 403.
JMG
GH
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT