STATE OF LOUISIANA v. VINCENT GOFFNER JACOREY DAVIS AND MALIK RODRIGUE (2023)

REHEARING DENIED WITH REASONS

The State's writ application in this matter specifically assigned as error the trial court's August 16, 2023 ruling that granted the defendant's motion to exclude evidence previously admitted as res gestae/404(B) evidence on April 10, 2023. The State's application, in our reading, did not seek an untimely rehearing of our disposition in 23-K-179 (La. App. 5th Cir. 4/7/23), which was granted in the State's favor, and which is also final and definitive. Nor did the application seek a second review of the trial court's April 10, 2023 ruling, which would obviously be untimely under Uniform Rules, Courts of Appeal, Rule 4-3.

To reiterate, the writ is granted and the trial court's ruling of August 16, 2023 is vacated. Should the defendant re-urge this issue, we instruct that the State must perform the basic task of specifically identifying the evidence it intends to introduce at trial. In turn, the defendant must specify what evidence he seeks to exclude under La. C.E. art. 404(B)(i) and (ii). Presented with identifiable exhibits and specific challenges thereto for consideration, the trial court, as per customary procedure, shall make a ruling on admissibility for each identified exhibit, specifically and individually.

FIFTH CIRCUIT

101 DERBIGNY STREET (70053)

POST OFFICE BOX 489

GRETNA, LOUISIANA 70054

www.fifthcircuit.org

SUSAN M. CHEHARDY

CHIEF JUDGE

FREDERICKA H. WICKER

JUDE G. GRAVOIS

MARC E. JOHNSON

ROBERT A. CHAISSON

STEPHEN J. WINDHORST

JOHN J. MOLAISON, JR.

CORNELIUS E. REGAN, PRO TEM

JUDGES

CURTIS B. PURSELL

CLERK OF COURT

SUSAN S. BUCHHOLZ

CHIEF DEPUTY CLERK

LINDA M. WISEMAN

FIRST DEPUTY CLERK

MELISSA C. LEDET

DIRECTOR OF CENTRAL STAFF

(504) 376-1400

(504) 376-1498 FAX

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY

I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/18/2023 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

CURTIS B. PURSELL CLERK OF COURT

23-K-403

E-NOTIFIED

24th Judicial District Court (Clerk)

Honorable E. Adrian Adams (DISTRICT JUDGE)

Gregory Q. Carter (Respondent)

Thomas J. Butler (Relator)

Darren A. Allemand (Relator)

MAILED

Joseph L. Perez (Respondent)

Price Quenin (Respondent)

Attorney at Law

848 Second Street

Third Floor

Gretna, LA 70053

Honorable Paul D. Connick, Jr. (Relator)

District Attorney

Twenty-Fourth Judicial District

200 Derbigny Street

Gretna, LA 70053