State Of Louisiana v. Christopher Ard

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0004

VERSUS

CHRISTOPHER ARD MAY 12 2020

In Re: Christopher Ard, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 1702167.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED.

PMC JEW

Holdridge, J., dissents and would grant the writ

application.

An alleged statement heard by L. B. years prior to the alleged rapes is too far removed to be considered a part of the instant offenses. Cf. State v. Brewington, 601 So. 2d 656, 657 ( La. 1992) ( per curiam) ("[ t] his court has approved the admission of other crimes evidence when it is . related and

intertwined with the charged offense to such an extent that the state could not have accurately presented its case without

reference to it. In such cases, the purpose served by admission of other crimes evidence is not to depict the defendant as a bad man, but rather to complete the story of the crime on trial by

proving its immediate context of happenings near in time and

place ( emphasis added))." Further, any very limited relevance

of allowing the statement into evidence would be far outweighed by the prejudicial effect. See La. Code Evid. art. 403.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT FOR THE COURT