State Of Louisiana v. Jacqulyne L. Scott

Louisiana Court of Appeal

State Of Louisiana v. Jacqulyne L. Scott

DecidedAugust 19, 2019

Docket2019KW0695

StatusUnknown

This text of State Of Louisiana v. Jacqulyne L. Scott (State Of Louisiana v. Jacqulyne L. Scott) 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.

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State Of Louisiana v. Jacqulyne L. Scott, (La. Ct. App. 2019).

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STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 0695

VERSUS

JACQULYNE L. SCOTT AUG 19 2019

In Re: Jacqulyne L. Scott, applying for writs, supervisory 19th Judicial District Court, Parish of East Baton Rouge, No. 10- 12- 0429.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. Battered woman' s syndrome evidence is admissible in a justification/ self- defense case and not in the insanity context. State solely v. Curley, 2016- 1708 ( La. 6/ 27/ 18), 250 So. 3d 236, 246. The text of the

domestic battery exceptions expressly permit expert testimony as to the effects of the prior assaultive acts on the accused' s

state of mind. See La. Code Evid, arts. 404( A)( 2)( a) & ( B)( 2). Moreover, expert testimony on battered woman' s syndrome be may relevant to contextualizing testimonial and documentary evidence regarding the relationship between the victim and the defendant. Curley, 250 So. 3d at 247. Accordingly, the ruling denying the claim that defense counsel rendered ineffective assistance by failing to present evidence on battered woman' s syndrome is vacated, in part, and this matter is remanded for an evidentiary hearing to determine whether the failure to do so prejudiced relator. Strickland v. Washington, 466 U. S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed. 2d 674 ( 1984). The writ application is denied in all other respects.

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COURT OF AP. E L FIRST CIRCUIT

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STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 0695

VERSUS

JACQULYNE L. SCOTT AUG 19 2019

In Re: Jacqulyne L. Scott, applying for writs, supervisory 19th Judicial District Court, Parish of East Baton Rouge, No. 10- 12- 0429.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. Battered woman' s syndrome evidence is admissible in a justification/ self- defense case and not in the insanity context. State solely v. Curley, 2016- 1708 ( La. 6/ 27/ 18), 250 So. 3d 236, 246. The text of the

domestic battery exceptions expressly permit expert testimony as to the effects of the prior assaultive acts on the accused' s

state of mind. See La. Code Evid, arts. 404( A)( 2)( a) & ( B)( 2). Moreover, expert testimony on battered woman' s syndrome be may relevant to contextualizing testimonial and documentary evidence regarding the relationship between the victim and the defendant. Curley, 250 So. 3d at 247. Accordingly, the ruling denying the claim that defense counsel rendered ineffective assistance by failing to present evidence on battered woman' s syndrome is vacated, in part, and this matter is remanded for an evidentiary hearing to determine whether the failure to do so prejudiced relator. Strickland v. Washington, 466 U. S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed. 2d 674 ( 1984). The writ application is denied in all other respects.

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COURT OF AP. E L FIRST CIRCUIT

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