State Of Louisiana v. Jason Hicks

• Court: Louisiana Court of Appeal
• Decided: June 30, 2020
• Docket: 2019KW1576
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 1576

VERSUS

JASON ERROL HICKS JUNE 30, 2020

In Re: Jason Errol Hicks, applying for supervisory writs, 2Z1lst Judicial District Court, Parish of Livingsten, No. 38441.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. Based on the ijimited portion cf the district court record before us, relator failed to demonstrate that the district court abused its considerable discretion by denying his motion in limine. See State v. Luper, 2019-0489 (La. App. lst Cir. 11/15/19), 2019 WL 6045367. However, this ruling does not preclude relator from lodging any applicable objections to the admissibility of this evidence during the trial of the matter. Further, this court’s denial of supervisory review does not bar reconsideration of this issue on appeal. See State v. Scott, 561 So.2d 170, 171 (La. App. lst Cir.) writ denied, 566 So.2d 394 (La. 1990).

PMc JEW

Holdridge, J., dissents. The evidence of relator’s prior guilty plea to indecent behavior with a juvenile is unduly and unfairly prejudicial. The supreme court has explained, “[tihe term “unfair prejudice,” as to a criminal defendant, speaks to the capacity of some concededly relevant evidence to lure the factfinder inte declaring guilt on a ground different from proof specific to the offense charged.” State v. Rose, 2006-0402 (La. 2/22/07), 949 So.2d 1236, 1244. I find that under the unique facts and circumstances of this case where the state has the victim’s testimony, the victim’s mother’s testimony, and a video of the incident, to allow the state to use the relator’s guilty plea to indecent behavior with a juvenile over twenty years ago would be unfairly prejudicial. With the evidence available to the jury, the probative value of the past crime evidence is far outweighed by its possible prejudicial effect.

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLERK OF COURT FOR THE COURT