STATE v. HORN (2023)

Writ application granted. See per curiam.

Writ granted. The court of appeal erred in reversing the trial court's pre-trial determination that defendant's two prior convictions for sex offenses would be admissible pursuant to La. C.E. art. 404(B)(1) in this capital trial. State v. Horn, 54-854 (La. App. 2 Cir. 9/1/22)(unpubl.), rehearing denied (with one judge voting to grant the rehearing), (10/20/22).

Louisiana Code of Evidence Article 404(B)(1) provides for the admissibility of other crimes evidence if the state establishes an independent and relevant reason for its admission. State v. Miner, 17-1586, p. 1 (La. 1/4/18), 232 So.3d 551, 552 (citation omitted). It is the duty of the trial court in its gatekeeping function to determine the independent relevancy of such evidence. State v. Altenberger, 13-2518, p. 8 (La. 4/11/14), 139 So.3d 510, 515. The trial court must balance the probative value of the other crimes, wrongs, or acts evidence against its prejudicial effects before the evidence can be admitted. State v. Henderson, 12-2422, p. 2 (La. 1/4/13), 107 So.3d 566, 567-68 (citing La. C.E. art. 403). A trial court's ruling on the admissibility of other crimes evidence will not be disturbed absent an abuse of discretion. State v. Brown, 18-01999, p. 39 (La. 9/30/21), 330 So.3d 199, 236, cert. denied, ––– U.S. ––––, 142 S.Ct. 1702, 212 L.Ed.2d 596 (2022).

The trial court's ruling was not based upon an erroneous application of the law or a clearly erroneous assessment of the evidence; thus, there is no basis for the court of appeal finding that the trial court abused its discretion. As such, the appellate court erred in overturning the trial court's ruling. Accordingly, we reverse the ruling of the court of appeal, reinstate the trial court's ruling, and remand for further proceedings.

Weimer, C.J., dissents and would grant and docket. Hughes, J., dissents and would grant and docket. Griffin, J., dissents and would grant and docket. Crichton, J., recused. Retired Judge Eric Harrington appointed Justice ad hoc.