STATE OF LOUISIANA v. CLEVELAND JOSEPH ELY (2024)

Writ application granted. See per curiam.

JBM

JLW

SJC

WJC

Supreme Court of Louisiana June 25, 2024

06/25/24

SUPREME COURT OF LOUISIANA

No. 2024-KK-00494

STATE OF LOUISIANA

VS.

CLEVELAND JOSEPH ELY

On Supervisory Writ to the 19th Judicial District Court, Parish of East Baton Rouge

PER CURIAM.

Granted. We recognize that a trial court's ruling on a motion in limine should only be reversed on a showing of an abuse of discretion. State v. Dressner, 08-1366, p. 17 (La. 7/6/10), 45 So. 3d 127, 138. In the instant matter, the defendant's statements in the recorded interview with respect to the death of the witness, Shawn George, are relevant under La. C.E. art. 401 as to the charge of illegal use of weapons or dangerous instrumentalities, La. R.S. 14:94 A. We grant the State's writ application and reverse the trial court's denial of the State's motion in limine. The State is permitted to introduce the recorded interview of defendant, limited to that portion of the interview concerning the death of Shawn George.

Hughes, J., dissents and would deny. Genovese, J., dissents and would deny. Griffin, J., dissents and would deny.