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 18, 2023 Susan Buchholz Chief Deputy Clerk ON APPLICATION FOR REHEARING Panel composed of Susan M. Chehardy, Marc E. Johnson, and John J. Molaison, Jr. DENIED WITH REASONS JJM SMC MEJ STATE OF LOUISIANA NO. 23-K-403 VERSUS FIFTH CIRCUIT VINCENT GOFFNER, JACOREY COURT OF APPEAL DAVIS, AND MALIK RODRIGUE STATE OF LOUISIANA REHEARING DENIED WITH REASONS The State’s writ application in this matter specifically assigned as error the trial court’s August 16, 2023 ruling that granted the defendant’s motion to exclude evidence previously admitted as res gestae/404(B) evidence on April 10, 2023. The State’s application, in our reading, did not seek an untimely rehearing of our disposition in 23-K-179 (La. App. 5th Cir. 4/7/23), which was granted in the State’s favor, and which is also final and definitive. Nor did the application seek a second review of the trial court’s April 10, 2023 ruling, which would obviously be untimely under Uniform Rules, Courts of Appeal, Rule 4-3. To reiterate, the writ is granted and the trial court’s ruling of August 16, 2023 is vacated. Should the defendant re-urge this issue, we instruct that the State must perform the basic task of specifically identifying 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). Presented with identifiable exhibits and specific challenges thereto for consideration, the trial court, as per customary procedure, shall make a ruling on admissibility for each identified exhibit, specifically and individually. 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 08/18/2023 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