STATE OF LOUISIANA NO. 2023 KW 0567

VERSUS

ANTERIO ROBINSON JULY 7, 2023

In Re: State of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton Rouge, No. DC - 22- 04143.

BEFORE: THERIOT, WOLFE, AND GREENE, JJ.

WRIT GRANTED. The district court abused its discretion in the first four minutes and seven seconds of the body finding camera footage depicting the victim and her interactions with

the police to be inadmissible as violative of the Confrontation Clause. We find that the statements made by the victim/ declarant are nontestimonial. As evidenced from the footage, there was an situation and the primary purpose of the ongoing emergency officer' s questioning was related to the victim' s well- being and to assess the need for emergency medical services. The questioning was informal, occurred in the immediate aftermath of took the scene of the crime. See the battery, and place at Davis v. Washington, 547 U. S. 813, 126 S. Ct. 2266, 165 L. Ed. 2d 224 ( 2006) ; Michigan v. Bryant, 562 U. S. 344, 131 S. Ct. 1143, 179 L. Ed. 2d 93 ( 2011) . Additionally, the spontaneous statements the victim/ declarant to the officer' s made by pursuant

questioning are admissible under the excited utterance and

present sense impression exceptions to the hearsay rule. See La. Code Evid. arts. 803 ( 1) & ( 2) ; State v. Lee, 2022- 01314 ( La. 11/ 16/ 22), 349 So. 3d 988, 989- 90 ( per curiam) ; State v. Jordan, 2021- 0585 ( La. App. 4th Cir. 12/ 21/ 21), 334 So. 3d 417, writ denied, 2022- 00141 ( La. 3/ 2/ 22) 333 So. 3d 834. Therefore, this matter is remanded to the district court for further proceedings consistent with this ruling.

MRT EW HG