State Of Louisiana v. Joel Smith ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 0438
VERSUS
JOEL SMITH MAY 171, 2022
In Re: State of Louisiana, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. DC - 20- 06368.
BEFORE: McDONALD, LANIER, AND WOLFE, JJ.
WRIT GRANTED. Although evidence of other crimes, wrongs,
or acts may not be admitted to prove the accused is a person of
criminal character, evidence of other crimes has long been
admissible if the State establishes an independent and relevant
reason for its admission. See La. Code Evid. arts. 404( B)( 1) &
412. 2( A). See also State v. Altenberger, 2013- 2518 ( La.
4/ 11/ 14), 139 So. 3d 510, 515 ( per curiam). Furthermore, in
State v. Wright, 2011- 141 ( La. 12/ 6/ 11), 79 So. 3d 309, 317, the
Louisiana Supreme Court pointed out that in enacting La. Code
Evid. art. 412. 2, " the Legislature did not see fit to impose a
restriction requiring such evidence to meet a stringent
similarity requirement for admissibility." Accordingly, the
ruling finding the evidence of the defendant' s prior offense
inadmissible is reversed, and this matter is remanded for
further proceedings.
JMM
WIL
EW
COURT OF APPEAL, FIRST CIRCUIT
611S, 0
DEPUTY CLERK OF COURT
FOR THE COURT