State Of Louisiana v. Andre Thomas ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2023 KW 0006
VERSUS
ANDRE THOMAS FEBRUARY 27, 2023
In Re: State of Louisiana, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 04-18-0599.
BEFORE: McCLENDON, HOLDRIDGE, AND GREENE, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The
defendant pled guilty to committing a simple battery
against the victim in docket number 10-14-0850. Prior
incidents of abusive behavior against dating partners are
admissible without the necessity of a hearing under La.
Code Evict. art. 412.4. See State v. Mayeux, 2019-00369 ( La.
1/29/20), 347 So.3d 623, judgment vacated on other grounds,
Mayeux v. Louisiana, U.S. , 141 S.Ct. 225, 208
L.Ed.2d 1( 2020). See also State v. Piper, 2018-1796 ( La.
App. 1st Cir. 9/27/19), 287 So.3d 13. The prior simple
battery committed by the defendant against the victim fits
squarely within the confines of Article 412.4 and is
independently relevant to establish the defendant's violent
proclivities and the volatile nature of his relationship
with the victim. Further, this prior incident is
independently relevant, not to prove defendant's bad
character; but rather to show, among other purposes intent,
opportunity, and pattern. See La. Code Evid. art. 404 ( B);
State v. Taylor, 2016-1124, 2016-1183, ( La. 12/1/16), 217
So. 3d 283, 288-91. See also State v. Hicks, 2022-0350 ( La.
App. 1st Cir. 11/4/22), So.3d , 2022 WL 16706949.
Thus, the probative value of the evidence outweighs the
danger of unfair prejudice. Accordingly, the district
court's decision to exclude evidence of the defendant's
conviction for simple battery of the victim is reversed,
and this matter is remanded for further proceedings in
accordance with this court's ruling. In all other respects,
the writ application is denied.
PMc
GH
HG
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT