STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 1052 VERSUS

WILLIAM GARNER OCTOBER 29, 2020

In Re: State of Louisiana, for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 08- 18- 0264.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED. The Emergency Medical Service ( EMS) reports at issue in this case are considered statements for the purpose of medical treatment and medical diagnosis in connection with treatment and records of regularly conducted business activity, and thus, they are not excluded by the hearsay rule. See La. Code Evid, art. 803 ( 4) & ( 6); see also State v. Mullen, 2018- 0643 ( La. App. 1st Cir. 12/ 21/ 18), 269 So. 3d 772, 783, writ denied, 2020- 00408 ( La. 10/ 6/ 20), So. 3d , 2020 WL 5904883. Therefore, the district court' s that the EMS ruling reports were excluded from being introduced into evidence by the state because they are hearsay is reversed, and the matter is remanded for further proceedings.

JMG PMC WIL

COURT APPEAL, FIRST CIRCUIT OFF DEPUTY C E K OF COURT FOR THE COURT