State Of Louisiana v. Anterio Robinson ( 2023 )

STATE OF LOUISIANA NO. 2023 KW 0567
VERSUS
ANTERIO ROBINSON JULY 7, 2023
In Re: State of Louisiana, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. DC - 22- 04143.
BEFORE: THERIOT, WOLFE, AND GREENE, JJ.
WRIT GRANTED. The district court abused its discretion in
the first four minutes and seven seconds of the body
finding
camera footage depicting the victim and her interactions with
the police to be inadmissible as violative of the Confrontation
Clause. We find that the statements made by the victim/ declarant
are nontestimonial. As evidenced from the footage, there was an
situation and the primary purpose of the
ongoing emergency
officer' s questioning was related to the victim' s well- being and
to assess the need for emergency medical services. The
questioning was informal, occurred in the immediate aftermath of
took the scene of the crime. See
the battery, and place at
Davis v. Washington, 547 U. S. 813, 126 S. Ct. 2266, 165 L. Ed. 2d
224 ( 2006) ; Michigan v. Bryant, 562 U. S. 344, 131 S. Ct. 1143,
179 L. Ed. 2d 93 ( 2011) . Additionally, the spontaneous statements
the victim/ declarant to the officer' s
made by pursuant
questioning are admissible under the excited utterance and
present sense impression exceptions to the hearsay rule. See La.
Code Evid. arts. 803 ( 1) & ( 2) ; State v. Lee, 2022- 01314 ( La.
11/ 16/ 22), 349 So. 3d 988, 989- 90 ( per curiam) ; State v. Jordan,
2021- 0585 ( La. App. 4th Cir. 12/ 21/ 21), 334 So. 3d 417, writ
denied, 2022- 00141 ( La. 3/ 2/ 22) 333 So. 3d 834. Therefore, this
matter is remanded to the district court for further proceedings
consistent with this ruling.
MRT
EW
HG