State Of Louisiana v. Jacqulyne L. Scott ( 2019 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 0695
VERSUS
JACQULYNE L. SCOTT
AUG 19 2019
In Re: Jacqulyne L. Scott, applying for writs,
supervisory
19th Judicial District Court, Parish of East Baton
Rouge, No. 10- 12- 0429.
BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. Battered woman' s
syndrome evidence is admissible in a justification/ self- defense
case and not in the insanity context. State
solely v.
Curley,
2016- 1708 ( La. 6/ 27/ 18), 250 So. 3d 236, 246. The text of the
domestic battery exceptions expressly permit expert testimony as
to the effects of the prior assaultive acts on the accused' s
state of mind. See La. Code Evid, arts. 404( A)( 2)( a) & ( B)( 2).
Moreover, expert testimony on battered woman' s syndrome be
may
relevant
to contextualizing testimonial and documentary evidence
regarding the relationship between the victim and the defendant.
Curley, 250 So. 3d at 247. Accordingly, the ruling denying the
claim that defense counsel rendered ineffective assistance by
failing to present evidence on battered woman' s syndrome is
vacated, in part,
and this matter is remanded for an evidentiary
hearing to determine whether the failure to do so prejudiced
relator. Strickland v. Washington, 466 U. S. 668, 687, 104 S. Ct.
2052, 2064, 80 L. Ed. 2d 674 ( 1984). The writ application is
denied in all other respects.
PMC
JEW
GH
COURT OF AP. E L FIRST CIRCUIT
DE" CEF COURT
FOR THE COURT