Supreme Court of Louisiana, 2017

State v. Durning

State v. Durning
Supreme Court of Louisiana · Decided June 16, 2017 · Crichton
221 So. 3d 846; 2017 WL 2610637; 2017 La. LEXIS 1287 (Southern Reporter, Third Series)

State v. Durning

Opinion of the Court

CRICHTON, J.,

would grant and assigns reasons:.

hi would' grant the State’s writ application. The defendant is charged with committing the crime of cyberstalking. The State filed a Notice, of Res Gestae, seeking to introduce two consent judgments that (i) enjoin defendant from harassing, stalking, following, or threatening the victim, and (ii) terminate the- defendant’s parental authority over his child with the victim. But res gestae evidence- does not typically require notice and, in any event, I question the .accuracy of using that legal: term. Instead, I would treat .the State’s Notice-of Res Gestae as a motion in limine regarding admissibility; and, in my view, the consent judgments are clearly admissible *847in this bench trial as either a party admission or a judicial declaration.

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