State Of Louisiana v. Jason Hicks ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 1576
VERSUS
JASON ERROL HICKS JUNE 30, 2020
In Re: Jason Errol Hicks, applying for supervisory writs,
2Z1lst Judicial District Court, Parish of Livingsten,
No. 38441.
BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT DENIED. Based on the ijimited portion cf the district
court record before us, relator failed to demonstrate that the
district court abused its considerable discretion by denying his
motion in limine. See State v. Luper, 2019-0489 (La. App. lst
Cir. 11/15/19), 2019 WL 6045367. However, this ruling does not
preclude relator from lodging any applicable objections to the
admissibility of this evidence during the trial of the matter.
Further, this court’s denial of supervisory review does not bar
reconsideration of this issue on appeal. See State v. Scott,
561 So.2d 170, 171 (La. App. lst Cir.) writ denied, 566 So.2d
394 (La. 1990).
PMc
JEW
Holdridge, J., dissents. The evidence of relator’s prior
guilty plea to indecent behavior with a juvenile is unduly and
unfairly prejudicial. The supreme court has explained, “[tihe
term “unfair prejudice,” as to a criminal defendant, speaks to
the capacity of some concededly relevant evidence to lure the
factfinder inte declaring guilt on a ground different from proof
specific to the offense charged.” State v. Rose, 2006-0402 (La.
2/22/07), 949 So.2d 1236, 1244. I find that under the unique
facts and circumstances of this case where the state has the
victim’s testimony, the victim’s mother’s testimony, and a video
of the incident, to allow the state to use the relator’s guilty
plea to indecent behavior with a juvenile over twenty years ago
would be unfairly prejudicial. With the evidence available to
the jury, the probative value of the past crime evidence is far
outweighed by its possible prejudicial effect.
COURT OF APPEAL, FIRST CIRCUIT
twirl Rad
DEPUTY CLERK OF COURT
FOR THE COURT