Opinion
NO. 2016 KW 0148
01-29-2016
STATE OF LOUISIANA v. KAUNDA MAGEE
In Re: State of Louisiana, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 12-CR4-117019. BEFORE: McDONALD, McCLENDON, AND THERIOT, JJ.
WRIT GRANTED. While we agree that the exclusion of the other acts would not deprive the State's case of narrative momentum and cohesiveness, we nevertheless find that the evidence may be admissible for one of the limited purposes listed under La. Code Evid. art. 404(B), depending upon the defense's theory of the case. Therefore, we find that the district court abused its discretion in making a pretrial ruling that the other offenses committed by the defendant are inadmissible for all purposes. Accordingly, the district court's ruling granting the defendant's motion in limine is reversed, and this matter is remanded to the district court for further proceedings consistent with this ruling. The district court remains free to revisit this issue during the trial.
PMc
JMM
Theriot, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT