State v. Evans
State v. Evans
Opinion of the Court
We affirm in part and reverse in part the trial court’s ruling on the state’s motion to introduce other crimes evidence at relator’s forthcoming trial for first degree murder in violation of La.R.S. 14:30(A)(1). The charge stems from the murder of the owner of a convenience store in New Orleans during an armed robbery committed in November of 1994, less than a week before Jefferson Parish officers arrested relator in possession of a vehicle stolen from the victim of an unrelated murder in that parish.
Matters which are “logically relevant to issues before the jury should not be excluded merely because they show the accused has committed other offenses.” State v. Constantine, 364 So.2d 1011, 1014 (La. 1978). Evidence that during their investigation of relator for possession of the stolen car Jefferson Parish officers found only a few feet away from the parked vehicle, and from where relator was standing, a nine millimeter semi-automatic handgun taken from the victim of the New Orleans offense connects relator with that handgun and links him directly to the New
On the other hand, evidence that relator used the .380 caliber handgun to shoot the victim-owner of the stolen car, during an unrelated “prostitution date” involving relator and his co-perpetrator, is not admissible at trial of the New Orleans offense. Prerequisite to the introduction of other crimes evidence is a showing by the state that the evidence “is not merely repetitive and cumulative, is not a subterfuge for depicting the defendant’s bad character of his propensity for bad behavior, and that it serves the actual purpose for which it is offered.” State v. Prieur, 277 So.2d 126, 130 (La. 1973). In |?the case before us, the two criminal episodes are not so peculiarly distinctive that logically they appear the work of one man or of the same team working in tandem systematically. See State v. Moore, 440 So.2d 134, 137 (La. 1983) (“Evidence of other crimes may be admitted when the prior crime by the particular defendant is so distinctively similar to the charged crime (especially in terms of time, place and manner of commission) that one may reasonably infer that the same person was the perpetrator.”); see also State v. Evans, 97-1030, pp. 4-7 (La.App. 5th Cir. 4/15/98), 712 So.2d 941, 943-44 (finding error in the introduction of the New Orleans offense at the trial of relator for the Jefferson Parish crime because the two offenses “are not so similar as to produce a distinctive modus operandi.”). To the extent that evidence of their arrests together in Jefferson Parish and of their close association with the two handguns involved in the New. Orleans offense discloses the connection between relator and his co-perpetrator and the nature of their relationship, the probative value of further linking them through evidence of the Jefferson Parish shooting incident appears far outweighed by the danger that the evidence will “lure the factfinder into declaring guilt on a ground different from proof specific to the offense charged.” Old Chief v. United States, 519 U.S. 172, 179, 117 S.Ct. 644, 650, 136 L.Ed.2d 574 (1997).
Finally, while relator’s willingness to use the .380 caliber handgun on other occasions may have some probative value on the question of his intent in the charged offense, we find no indication in the record that intent will be a matter genuinely con
Accordingly, the stay previously issued by this Court on August 9, 1999, is vacated, and this case is remanded to the trial court for further proceedings not inconsistent with the views expressed herein.
Knoll, J., not on panel. See La.S.Ct. Rule IV, Part II, § 3.
Reference
- Full Case Name
- STATE of Louisiana v. Erran G. EVANS
- Cited By
- 1 case
- Status
- Published