STATE OF LOUISIANA v. REGINALD DWAYNE PULLINS REGINALD DWAYNE PULLINS JR (2026)

I reluctantly diverge from the majority position, even though I prefer the outcome. Louisiana Code of Evidence Article 404 A (2)(a) clearly prohibits the evidence at question:

(2) Character of victim. (a) Except as provided in Article 412, evidence of a pertinent trait of character, such as a moral quality, of the victim of the crime offered by an accused, or by the prosecution to rebut the character evidence; provided that in the absence of evidence of a hostile demonstration or an overt act on the part of the victim at the time of the offense charged, evidence of his dangerous character is not admissible; provided further that when the accused pleads self-defense and there is a history of assaultive behavior between the victim and the accused and the accused lived in a familial or intimate relationship such as, but not limited to, the husband-wife, parent-child, or concubinage relationship, it shall not be necessary to first show a hostile demonstration or overt act on the part of the victim in order to introduce evidence of the dangerous character of the victim, including specific instances of conduct and domestic violence; and further provided that an expert's opinion as to the effects of the prior assaultive acts on the accused's state of mind is admissible;

The presence of a specific exception for cases involving domestic violence excludes any argument that such evidence could be allowed in other circumstances. Therefore, I dissent and would deny writ.

McCALLUM, J., dissents and assigns reasons.