State of Louisiana v. David J. Koederitz

166 So. 3d 981, 2015 La. LEXIS 489, 2015 WL 1212257
CourtSupreme Court of Louisiana
DecidedMarch 17, 2015
Docket2014-KD-1526
StatusPublished
Cited by10 cases

This text of 166 So. 3d 981 (State of Louisiana v. David J. Koederitz) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Louisiana v. David J. Koederitz, 166 So. 3d 981, 2015 La. LEXIS 489, 2015 WL 1212257 (La. 2015).

Opinions

PER CURIAM.1

| jThe rulings of the courts below are reversed in part and this case is remanded to the trial court for further proceedings consistent with the views expressed herein.

In this pending prosecution for second degree battery in violation of La. R.S. 14:34 and false imprisonment, La. R.S. 14:46, defendant filed a motion to exclude from trial portions of the medical records from Ochsner Hospital in New Orleans, documenting the victim’s treatment for a broken nose and black eye in the spring of 2013. According to those records, the victim, defendant’s estranged girlfriend and mother of his child, appeared in the emergency room at Ochsner on February 23, 2013 and “reported] physical altercation with boyfriend.” The state alleges that her injuries occurred on February 19, [983]*9832018, when the victim paid defendant a visit, and he kept her confined in the following days to allow her injuries to heal. The victim’s initial report and treatment of her physical injuries led to a follow-up session in the hospital with Dr. Milton Anderson, a psychiatrist, on February 25, | g2013, in which she again identified defendant as her assailant and informed the doctor that “this isn’t the first time he hit me.” Those statements prompted a discussion with the psychiatrist of how she could change the pattern of behavior that led to the incident. The discussion also prompted a change in the victim’s medication previously prescribed for depression and mood disorders. At that time, the victim made clear she did not intend to file a complaint with the police but the diagnostic impression was “victim of domestic violence” and depression. The records indicate that on February 27, 2013, hospital personnel urged the victim to call the police to report the incident during another follow-up visit in which she reported “that altercation occurred last week near magazine st as the reason for her ED visit.” At first, the victim resisted the advice and walked out but she returned with her mother who stated that “this isn’t the first time he’s done this to her.” The record of this visit indicates that the hospital personnel in fact called the police. An officer responded and drew the victim aside in an unrecorded conference. It appears, however, the victim did not make a formal complaint to the police until three weeks later, after which a warrant issued for defendant’s arrest. Defendant was apparently not arrested on the warrant until nearly a year later in January 2014.

Defendant also moved to exclude three letters ostensibly written by the victim, one before the incident that formed the basis of the instant prosecution, and two written months afterwards. The state alleges that the victim subsequently committed suicide in the spring of 2014. Given the unavailability of the victim, the state intends to introduce the medical records and letters in lieu of her live testimony at trial.

The trial court granted the defense motions on grounds that introduction of the documentary evidence in substitution of the victim’s live testimony would constitute hearsay in violation of Louisiana’s eviden-tiary rules and would trench on defendant’s Sixth Amendment right of confrontation. The court specifically found |sthat the victim’s statements to the medical personnel at Ochsner were not reasonably related to the treatment and diagnosis of her injuries and were therefore inadmissible as a matter of the hearsay exception provided by La. C.E. art. 803(4). For much the same reason, the court characterized the statements as testimonial for purposes of the Confrontation Clause and therefore inadmissible, given the lack of prior cross-examination. The court further ruled that the letters constituted inadmissible other crimes evidence, even assuming they were properly authenticated and sufficiently connected defendant to the alleged incidents.

In a split-panel decision, the Fourth Circuit denied the state’s application for review. State v. Koederitz, 14-0709 (La.App. 4 Cir. 8/22/14) (Ledet, Jenkins, JJ.) Dissenting from that order, Judge Lobrano stated her view that the victim’s statements recorded in the medical records were admissible as a matter of hearsay exception provided by La. C.E. art. 803(4). Koederitz, 14-0709 at 7 (Lobrano, J., dissenting) (“The victim in this case had an ongoing and tumultuous relationship with the defendant, her former boyfriend and the father of her child. That fact was, at the least, reasonably pertinent to the victim’s treatment due to past trauma inflicted on the victim by the defendant. The medical professionals’ treatment of the vie-[984]*984tim, including that of her psychiatrist, Dr. Anderson, was predicated upon this fact. As such, the victim’s statements identifying the defendant as her abuser to medical personnel were reasonably pertinent to her treatment, and thus are admissible under La. C.E. art. 803(4).”). For virtually the same reasons, Judge Lobrano viewed the victim’s statements as non-testimonial for purposes of the Confrontation Clause despite the lack of a prior opportunity for cross-examination. Id. at 8-9 (“The records indicate that the victim, at the time the statements were made, specifically intended not to report defendant’s actions to the police. Thus, I can only conclude that the statements are non-testimonial ... because they were made with no reasonable belief that they would later be used in a trial.”). Finally, |4with respect to the letters, Judge Lobrano found that the trial court did not abuse its discretion in excluding the two letters written well after the February 2013 incident, portions of which appeared either clearly testimonial because they referred to the ongoing criminal prosecution of defendant, or mentioned past incidents of abuse, but also found that the court erred in excluding a January 2012 letter in its entirety. Id. at 10 (“[A]ssuming [the] letter, which is addressed to the defendant, is properly authenticated at trial, see La. C.E. art. 901, the portions of the letter where the victim expresses her then-existing mental, emotional, or physical condition are admissible and relevant to explain the nature of the victim’s relationship with the defendant.”).

This Court granted the state application for review because we agree with Judge Lobrano that the statements made in the present case by the victim to her treating physicians identifying the person who struck her repeatedly in the face and broke her nose, as recorded in the certified records from Ochsner Hospital, are admissible under the hearsay exception in La. C.E. art. 803(4), and as a matter of the Confrontation Clause, because they were made for the non-testimonial purposes of, and were reasonably pertinent to, medical treatment, and diagnosis in connection with medical treatment, in a case that appeared to be one of domestic violence and that involved not only treatment of the victim’s physical injuries but also psychiatric counseling.

Louisiana subscribes to the general rule that the hearsay exception in La. C.E. art. 803(4) ordinarily does not encompass statements ascribing fault in the cause of the injuries treated. See Comment (b) to Exception (4)(b) (“The phrase ‘reasonably pertinent to treatment or diagnosis in connection with treatment’ has been interpreted to limit the scope of this exception to the kind of statements that are usually relied upon by physicians in their diagnosis and treatment of patients. Thus, statements as to the cause of a condition not reasonably pertinent to [,diagnosis or treatment of it are not within the ambit of this exception.”) (citing Fed.R.Evid.

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Bluebook (online)
166 So. 3d 981, 2015 La. LEXIS 489, 2015 WL 1212257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-david-j-koederitz-la-2015.