State Of Louisiana v. Christopher Ard ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0004
VERSUS
CHRISTOPHER ARD
MAY 12 2020
In Re: Christopher Ard, applying for supervisory writs, 21st
Judicial District Court, Parish of Tangipahoa, No.
1702167.
BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT DENIED.
PMC
JEW
Holdridge, J., dissents and would grant the writ
application.
An alleged statement heard by L. B. years prior to
the alleged rapes is too far removed to be considered a part of
the instant offenses. Cf. State v. Brewington, 601 So. 2d 656,
657 ( La. 1992) ( per curiam) ("[ t] his court has approved the
admission of other crimes evidence when it is . related and
intertwined with the charged offense to such an extent that the
state could not have accurately presented its case without
reference to it. In such cases, the purpose served by admission
of other crimes evidence is not to depict the defendant as a bad
man, but rather to complete the story of the crime on
trial by
proving its immediate context of happenings near in time and
place ( emphasis added))." Further, any very limited relevance
of allowing the statement into evidence would be far outweighed
by the prejudicial effect. See La. Code Evid. art. 403.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY C ERK OF COURT
FOR THE COURT