State of Louisiana Versus Vincent Goffner, Jacorey Davis, and Malik Rodrigue ( 2023 )

STATE OF LOUISIANA NO. 23-K-403 VERSUS FIFTH CIRCUIT VINCENT GOFFNER, JACOREY DAVIS, COURT OF APPEAL AND MALIK RODRIGUE STATE OF LOUISIANA August 17, 2023 Linda Wiseman First Deputy Clerk IN RE STATE OF LOUISIANA APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS, DIVISION "G", NUMBER 22-209 Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and John J. Molaison, Jr. WRIT GRANTED; STAY DENIED This Court previously determined in writ 23-K-179 (La. App. 5th Cir. 4/7/23) (unpublished disposition), that evidence of Vincent Goffner’s Instagram records, Facebook records, iCloud records, and cell phone extraction are all admissible pursuant to the provisions of La. C.E. art. 404(B). We noted in the prior disposition that the State did not detail which specific pieces of evidence it would seek to introduce at trial, but rather requested an in globo ruling that all the evidence be deemed admissible.1 As part of our ruling, we remanded the matter with instructions that, should the defendant re-urge this issue, the trial court would require the State to identify specifically the items that it desires a res gestae/404(B) ruling on in order that the trial court can properly rule as to each specific item. Once again, we find that the defendant’s motion, the State’s in globo evidence, and the trial court’s current ruling all lack the specificity that we previously ordered on remand. Accordingly, the writ is granted and the trial court’s ruling is vacated. Should the defendant re-urge this issue, we instruct that 1 We referred to the practice as a “document dump,” done with the expectation “that the trial court, defense counsel, and now this Court could simply comb through the items to make appropriate objections to (in the case of defense counsel) and appropriate rulings on admissibility (in the case of the trial court and this Court).” the State must specifically identify the evidence it intends to introduce at trial. In turn, the defendant must specify what evidence he seeks to exclude under La. C.E. art. 404(B)(i) and (ii), and that the trial court shall make a ruling on each identified exhibit, specifically and individually. Gretna, Louisiana, this 17th day of August, 2023. JJM SMC MEJ SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK JOHN J. MOLAISON, JR. CORNELIUS E. REGAN, PRO TEM FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/17/2023 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 23-K-403 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable E. Adrian Adams (DISTRICT JUDGE) Gregory Q. Carter (Respondent) Thomas J. Butler (Relator) Darren A. Allemand (Relator) MAILED Joseph L. Perez (Respondent) Honorable Paul D. Connick, Jr. (Relator) Price Quenin (Respondent) District Attorney Attorney at Law Twenty-Fourth Judicial District 848 Second Street 200 Derbigny Street Third Floor Gretna, LA 70053 Gretna, LA 70053 SENDER: COMf'LC:TE THIS SECTION COr.11'1 E:TE Tli/S SF: CT/ON ON ()£L/VEFIY • Complete Items 1, 2, and 3. A. Signature DAgent • Print your name and address on the reverse x so that we can return the card to you. • Attach this card to the back of the m~ece. or on the front If space permits. B. Received by (Printed Name) I a Addressee C. Date of Delivery D. Is dellVery address different from Item 1? Cl Yes Price Quenin If YES, enter delivery addleea below: 0 No Attorney al Law 848 Second Street Third Floor Gretna, LA 70053 2 3-K-403 08-17-23 3. Servtoe "fype O Pl1ority Mall Expreee4D II lllllll llll 111111111111111111111111111111111 ==~Det.oary g=::=~ 9590 9402 2434 6249 3573 13 0 c.tlled Mal~ Delwly ~Alollptfor --.,....,...---------------~o 2. Article Number ffranster from S81Vlce Jab8ll Collect on Oellvwy Melt:hmdee D Collect on Dellv9ly Aaetrlcted OellYlly O Sigoatl.re Conllrmation" ~RellltctedOellvwy 0 7016 2070 0000 0954 7790 =~ • PS Form 3811, J"V 2015 PSN 7530-02-000-9053 Domestic Retwn Receipt '