State Of Louisiana v. Darryl Braggs, Jr.
This text of State Of Louisiana v. Darryl Braggs, Jr. (State Of Louisiana v. Darryl Braggs, Jr.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 0074
VERSUS
DARRYL BRAGGS, JR. JANUARY 25, 2022
In Re: Darryl Braggs, Jr., applying for supervisory writs,
18th Judicial District Court, Parish of West Baton Rouge, No. 211014.
BEFORE: McDONALD, LANIER, AND WOLFE, JJ.
WRIT GRANTED. The trial court' s ruling granting the State' s notice to introduce other crimes evidence of relator' s
possible gang affiliation pursuant to La. Code Evid. art.
404( B)( 1) is reversed. The mere showing of gang affiliation or participation in the crimes by known gang members is insufficient to permit evidence of such gang affiliation to be introduced at trial. Absent evidence that gang affiliation was
the reason for commission of the underlying crimes, evidence of
relator' s possible gang affiliation has no bearing on or
relevance to prove the elements of the charged crimes. See State v. Hawkins, 2016- 0458 ( La. App. 4th Cir. 5/ 17/ 17), 219 So. 3d 1133, 1149, writs denied, 2017- 1183, 2017- 1280 ( La. 5/ 18/ 18), 242 So. 3d 575; State v. Barnes, 28, 835 ( La. App. 2d Cir. 12/ 11/ 96), 685 So. 2d 1148, 1155.
JMM WIL
Wolfe, J., dissents and would deny the writ application.
o1 • ! DEPUTY 4 CLERK OF COURT FOR THE COURT
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