State Of Louisiana v. Montrell Lee

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 0484
VERSUS
MONTRELL LEE AUGUST 17, 2022
In Re: State of Louisiana, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 08- 17- 0871.
BEFORE: WHIPPLE, C. J., GUIDRY AND WOLFE, JJ.
WRIT DENIED.
JMG
EW
Whipple, C. J., dissents. The issue in this writ application
is whether the trial court abused its discretion in excluding a
portion of the recording of a 911 call. On March 13, 2020, the
defendant was found guilty of second degree rape. His conviction
was subsequently vacated pursuant to Ramos v. Louisiana,
U. S. , 140 S. Ct. 1390, 206 L. Ed. 2d 583 ( 2020), and the case
is proceeding toward a new trial. The State seeks to introduce a
911 call made by the victim and a friend through a translator
which was admitted in its entirety at the first trial).
Concluding that the call was too far removed from the incident
due to the delay while trying to find a translator to report the
crime, such that the statements did not qualify as excited
utterances, the trial court ruled that only a portion of the
recording would be admissible at trial, which I conclude was
erroneous. Also, it is not clear from the trial court' s oral
reasons that the court considered whether these statements fall
under an exception to the hearsay rule as " present sense
impressions" in addition to excited utterances ( which the State
argues occurred herein immediately after a traumatizing event
that was stressful and dangerous). Based on the circumstances
presented herein, where the victim required a translator to
communicate with the 911 operator, I find the trial court abused
its discretion by ruling that only a portion of the 911 call
will be admitted. For these reasons, I respectfully dissent and
would grant the State' s motion in limine.
COURT OF APPEAL, FIRST CIRCUIT
A44 Ejt CLERK OF COURT
FOR THE COURT