Opinion
NO. 2018 KW 1644
02-08-2019
STATE OF LOUISIANA v. TRAVON SCOTT
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 03-14-0125. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT GRANTED for the sole purpose of reopening the hearing on the state's notice of intent to introduce evidence of other crimes, wrongs, or acts in order to allow the state to present the evidence it planned to present at the original hearing on this matter. The district court's ruling denying the state's notice of intent is vacated, and the matter is remanded to the district court for further proceedings.
TMH
VGW
McClendon, J., concurs and would reverse the district court's ruling denying the state's notice of intent to introduce evidence of other crimes, wrongs, or bad acts. Evidence of other crimes, wrongs, or acts has long been admissible if the state establishes an independent and relevant reason for its admission. See State v. Garcia, 2009-1578 (La. 11/16/12), 108 So.3d 1, cert. denied, 570 U.S. 926, 133 S.Ct. 2863, 186 L.Ed.2d 926 (2013). The state need only make a showing of sufficient evidence to support a finding that the defendant committed the other crime, wrong, or act. State v. Taylor, 2016-1124 (La. 12/1/16), 217 So.3d 283. Based on the district court's ruling at the conclusion of the hearing on this matter, I find that the court erroneously denied the state's request to allow the evidence at issue based on defense counsel's assertion that there was not a conviction in the prior matter. The state provided documentation to this court showing that during the investigation of the 2011 incident, the defendant admitted to shooting the victim. Additionally, the state set forth that it intended to introduce the evidence of the prior shooting to show intent and absence of mistake. Considering the above, the probative value of the evidence at issue outweighed its prejudicial effect. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT