STATE OF LOUISIANA NO. 2024 KW 0311 VERSUS

JOHN GLENN RAYMOND JUNE 17, 2024

In Re: State of Louisiana, applying for writs, supervisory 22nd Judicial District Court, Parish of St. Tammany, No. 5603- F- 2022.

BEFORE: GUIDRY, C. J., MCCLENDON AND WELCH, JJ.

WRIT GRANTED. It is well settled that courts may not admit evidence of other crimes to show the defendant as a man of bad character who has acted in conformity with his bad character.

See La. Code Evid. art. 404B( 1) ( a) . A exception to statutory the exclusionary rule is contained in La. Code Evid. art. 412. 4, which allows the admission of other incidents of mistreatment of juveniles for any relevant purpose, subject to the balancing test provided in La. Code Evid. art. 403. Defendant' s assertion that the prior acts in question were disciplinary measures, which he was permitted to administer as the head disciplinarian of the private school, put the his question of having the requisite criminal intent for the commission of the crimes at issue. The instances of alleged mistreatment of S. V. S. have probative value to prove pattern and to rebut the defendant' s defenses. Thus, this evidence is not more prejudicial than probative. The trial court may lessen any potential prejudice and guard against jury misuse of the evidence by giving cautionary instructions contemporaneously with the evidence and the closing argument, as well as in the jury charges. See e. g.

State v. Robertson, 2015- 2095 ( La. 2/ 5/ 16), 183 So. 3d 1287, 1291 per curiam).

Accordingly, the district court' s ruling excluding evidence regarding defendant' s alleged mistreatment of S. V. S. is reversed and this matter is remanded for further proceedings.

URT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT