From Casetext: Smarter Legal Research

State v. Trosclair

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Dec 7, 2018
NO. 2018 KW 1726 (La. Ct. App. Dec. 7, 2018)

Opinion

NO. 2018 KW 1726

12-07-2018

STATE OF LOUISIANA v. KEITH TROSCLAIR


In Re: Keith Trosclair, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 573126. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.

WRIT GRANTED. The granting of the motion in limine is reversed. Based on the trial judge's factual determination that the 911 call was made "immediately" after the killing, we cannot say the interval between the event and the 911 call was long enough to permit a subsidence of emotional upset and a restoration of a reflective thought process. See La. Code Evid. art. 803(2); State v. Fendt, 2010-1285 (La. App. 1st Cir. 2/11/11), 2011 WL 2119920 (unpublished).

TMH

PMc

Whipple, J., dissents. I find no abuse of discretion under the particular circumstances of this case. COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Trosclair

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Dec 7, 2018
NO. 2018 KW 1726 (La. Ct. App. Dec. 7, 2018)
Case details for

State v. Trosclair

Case Details

Full title:STATE OF LOUISIANA v. KEITH TROSCLAIR

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Dec 7, 2018

Citations

NO. 2018 KW 1726 (La. Ct. App. Dec. 7, 2018)