STATE OF LOUISIANA NO. 2024 KW 0359 VERSUS

AHMAD HASSAN SMITH JULY 29, 2024

In Re: State of Louisiana, 22nd applying for supervisory writs, Judicial District Court, Parish of St. Tammany, No. 5823- F- 2022.

BEFORE: CHLTTZ, GREENE, AND STROMBERG, JJ.

WRIT GRANTED. The ruling denying the State' s Article 412. 2 motion is reversed and the motion is granted. The district court abused its discretion in finding that the prejudicial effect of the evidence substantially outweighs its probative value. Article 412. 2 was enacted to loosen restrictions on " other crimes" evidence, and to allow evidence of " lustful disposition" in cases involving sexual offenses. State v. Wright, 2011- 0141 ( La. 12/ 6/ 11), 79 So. 3d 309, 317. The evidence concerns relator' s commission of another wrong, or act involving sexually crime, assaultive behavior or acts which indicated a lustful disposition toward children. See La. Code Evid. art. 412. 2( A). Further, the probative value of the evidence is not substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay or waste of time.

See La. Code Evid. art. 403. A lapse in time will go to the weight of the evidence, rather than its See State admissibility. v. Riley, 2015- 0142 ( La. App. 1st Cir. 9/ 21/ 15), 2015 WL 5547489, * 4 unpublished) , writ denied, 2015- 1940 ( La. 11/ 15/ 16) , 209 So. 3d 788. Accordingly, this matter is remanded to the district court for further proceedings.

WRC HG TPS

OURT OF APPEAL, FIRST CIRCUIT

Y CLERK OF COURT FOR THE COURT