STATE v. SIMMONS (2024)

Writ application denied.

This case raises an issue commonly faced by trial courts in criminal cases. For that reason, I believe the matter merits this Court's attention. In this case, the state intends to introduce at trial the audio recordings of 911 calls and an incident recall report as self-authenticating records pursuant to La. C.E. art. 902(11). Enacted in 2017, La. C.E. art. 902(11) allows evidence to be self-authenticating if it meets the requirements of La. C.E. art. 803(6). Code of Evidence article 803(6) excludes from the hearsay rule records of regularly conducted business activity. Both parties agree the 911 calls fit into this category of records. Thus, they are self-authenticated unless they are investigative records under La. C.E. art. 803(8)(b), which provides a carve out to the hearsay exceptions for public records provided in La. C.E. art. 803(8)(a). The dispute, then, is whether the 911 calls and documentation are “investigative reports,” which require extrinsic authentication. Importantly, this case only raises the question of whether the records at issue are self-authenticating and does not address the entirely separate issue of their admissibility at trial.

As a relatively recently enacted evidentiary provision, there are no reported cases addressing La. C.E. art. 902(11), much less in the specific context of 911 calls and reports. In order to provide clarification for trial courts confronted with this issue, I would grant the writ application and docket the case to address this matter head-on.

Crichton, J., would grant and docket and assigns reasons. Genovese, J., would grant in part.