STATE OF LOUISIANA v. ELLIS BROWN (2023)

Writ application granted in part. See per curiam.

JLW

SJC

WJC

JBM

Supreme Court of Louisiana April 28, 2023

April 28, 2023

SUPREME COURT OF LOUISIANA

No. 2023-KK-00626

STATE OF LOUISIANA

VS.

ELLIS C. BROWN

On Supervisory Writ to the Criminal District Court, Parish of Orleans Criminal

PER CURIAM

Writ granted in part; otherwise denied. The trial court prematurely excluded the evidence as inadmissible hearsay. Whether the evidence, in whatever form the State ultimately intends to elicit it (which is not yet clear in these proceedings), will constitute hearsay can better be determined when the evidence is offered at trial. See generally State v. Green, 273 So.2d 288, 290 (La. 1971) (“Counsel was evidently anticipating hearsay evidence, but, in fact, no hearsay had been uttered.”). Furthermore, the trial court is ordered to rule before trial on Monday, May 1, 2023, as to whether the evidence is admissible or should be excluded in accordance with La. C.E. art. 404(B) and State v. Prieur, 217 So.3d 283 (La. 1973). See generally State v. Taylor, 16-1124, pp. 11–13 (La. 12/1/16), 217 So.3d 283, 291–92.

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