State v. Fortino

Supreme Court of Louisiana
State v. Fortino, 807 So. 2d 827 (La. 2002)
2002 La. LEXIS 442; 2002 WL 206400
Calogero, Grant, Reasons, Writ

State v. Fortino

Dissenting Opinion

CALOGERO, Chief Justice,

dissents from the writ denial.

I would grant this writ. Apparently, from the application, the trial judge made a pretrial ruling without hearing testimony, medical evidence, or examining police reports.

At the least, the trial judge should not let into evidence the eleven year old incident regarding defendant and a prior wife without some showing that it is relevant to demonstrate intent, knowledge, or system and otherwise complies with State v. Prieur, 277 So.2d 126 (La. 1973).

Opinion of the Court

In Re Fortino, Eugene; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. G, Nos. 01^4444; to the Court of Appeal, Fifth Circuit, No. 01-K-1364.

Denied.

CALOGERO, C.J., would grant the writ and assign reasons.

Reference

Full Case Name
STATE of Louisiana v. Eugene FORTINO
Cited By
2 cases
Status
Published