State of Louisiana v. Joseph Taylor

217 So. 3d 283, 2016 La. LEXIS 2472
CourtSupreme Court of Louisiana
DecidedDecember 1, 2016
Docket2016-KK-1124 C/W 2016-KK-1183
StatusPublished
Cited by67 cases

This text of 217 So. 3d 283 (State of Louisiana v. Joseph Taylor) 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. Joseph Taylor, 217 So. 3d 283, 2016 La. LEXIS 2472 (La. 2016).

Opinions

JOHNSON, C.J.

[ defendant is charged with possession with intent to distribute (“PWITD”) cocaine and conspiracy to distribute cocaine. The state sought to introduce evidence of defendant’s three alleged prior convictions at trial—one PWITD cocaine and two for possession of cocaine. In accordance with Louisiana Code of Evidence article 404(B)(1) and State v. Prieur, 277 So.2d [286]*286126 (La. 1973), the state filed two notices of intent to introduce such evidence, attaching the three police reports associated with these prior incidents to satisfy its burden of proof. The district court issued rulings allowing the state to introduce the other crimes evidence and the court of appeal denied defendant’s writ applications. We granted defendant’s two writ applications to address the correctness of the district court’s rulings and to re-examine the requirements and procedure for introduction of “other crimes, wrongs or acts” evidence at trial.

For the following reasons, we affirm the ruling of the district court relative to the admissibility of defendant’s prior PWITD cocaine conviction. However, we reverse the district court’s ruling relative to the admissibility of defendant’s prior two |2convictions for possession of cocaine and remand this matter to the district court to conduct a pre-trial evidentiary hearing to determine the admissibility of this evidence.

FACTS AND PROCEDURAL HISTORY

On April 3, 2014, defendant, Joseph Taylor, was charged by bill of information with, inter alia, PWITD cocaine. On October 16, 2014, the district court found probable cause after conducting a probable cause hearing. The state filed a superseding bill of information on May 5, 2015, charging defendant with, inter alia, conspiracy to distribute cocaine and PWITD cocaine.1 The original bill of information was dismissed on May 18, 2015. Trial was initially scheduled for April 13, 2016. On April 8, 2016, the state filed a “Notice of Intent to Offer Evidence of Similar Crimes pursuant to State v. Prieur and La. C.E. art. 404(B)” (“Prieur notice”), seeking to introduce evidence of defendant’s 1999 conviction for PWITD cocaine as “evidence of intent to distribute narcotics in the present charge as demonstrative of repetitive behavior in similar circumstances.”2 The state attached the corresponding police report to its notice and asserted defendant pled guilty to the charge. Defendant filed an objection to the notice. Defendant argued the 1999 conviction was not admissible to show his intent in 2014, and further that he was not contesting intent at trial. Defendant also argued the 1999 case was not sufficiently similar to the 2014 allegation of possession with intent to distribute and that the prejudicial effect of the evidence outweighed its probative value. A Prieur hearing was held on April 12, 2016. Defendant subpoenaed and sought to introduce the testimony of the arresting and reporting officers relative to the 1999 incident.

| a At the hearing, the district court heard arguments from the state and defendant relative to the state’s burden at a Prieur hearing, and specifically whether the unauthenticated police report attached to the state’s notice was sufficient to satisfy the state’s burden. The district court ruled the police report was admissible without further authentication and sufficient to be considered on the substantive issue of Pri-eur, and further denied defendant’s request to call the subpoenaed officers to testify. The district court granted the state’s Prieur motion, allowing the state to introduce evidence of the 1999 PWITD [287]*287conviction. On May 13, 2016, the court of appeal denied defendant’s writ application, finding the district court did not abuse its discretion in permitting the state to introduce this Prieur evidence.3

On May 23, 2016, the state filed an “Amended Notice of Intent to Offer Evidence of Similar Crimes Pursuant to State v. Prieur and Article 404(B)(1),” noting its intent to introduce evidence of defendant’s 1998 and 2005 guilty pleas to possession of cocaine.4 The state attached the corresponding police reports to its amended Prieur notice. Although the matter was not set for a Prieur hearing, the issue was raised at a scheduled ruling date on May 25, 2016, at which time the court heard limited arguments relative to the necessity of a specific Prieur hearing. The court proceeded to grant the state’s Prieur motion and denied the defendant’s request to conduct a hearing for the purpose of assessing the admissibility of the 1998 and 2005 prior acts. On June 17, 2016, the court of appeal denied defendant’s writ application, finding defendant has an adequate remedy on appeal.5

Defendant filed two writ applications in this court arising out of the district 1 ¿court's rulings on the state’s two Prieur notices. We granted defendant’s writ applications and consolidated the matters for argument and opinion.6

DISCUSSION

In the seminal ease of State v. Prieur, 277 So.2d 126 (La. 1973), this court addressed the admissibility of other.crimes evidence pursuant to former statutes La. R.S. 15:445 and La. R.S. 15:446. At the time of Prieur, these statutes provided:

§ 445. Inference of intent; evidence of acts similar to that charged In order to show intent, evidence is admissible of similar acts, independent of the act charged as a crime in the indictment, for though intent is a question of fact, it need not be proven as a fact, it may be inferred from the circumstances of the transaction.
§ 446. Evidence where knowledge or intent is material and where offense is one of a system
When knowledge or intent forms an essential part of the inquiry, testimony may be offered of such acts, conduct or declarations of the accused as tend to establish such knowledge or intent and where the offense is one of a system, evidence is admissible to prove the continuity of the offense, and the commission of similar offenses for the purpose of showing guilty knowledge and intent, but not to prove the offense charged.

The court explained at the time that these statutes “were adopted in 1928 as part of the old Code of Criminal Procedure and reflect a conscious desire on the part of the draftsmen to adopt a limited, rather than expansive, approach to the admissibility of other acts of misconduct.” Prieur, 277 So.2d at 128. The court recognized that “the admissibility of other acts of misconduct involves substantial risk of grave prejudice to a defendant.” Id. Thus, this court reasoned “the probative value of evidence of unrelated offenses in relation to the charged offense should therefore be weighed in light of its possible prejudicial [288]*288effect, its tendency to influence the triers of fact improperly as to the present guilt of the accused.” Id. The court held if the state is liable to show by clear and convincing evidence that the defendant committed the other crime, such evidence may well be properly admissible. Id. at 129. But, to protect defendant’s constitutional rights, the court established safeguards prerequisite to the admissibility of such evidence:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. John Duncan
Louisiana Court of Appeal, 2025
State of Louisiana v. Garrett J. Ward
Louisiana Court of Appeal, 2025
State of Louisiana Versus Daveon Gilmore
Louisiana Court of Appeal, 2025
State of Louisiana Versus Davon Gilmore
Louisiana Court of Appeal, 2025
State of Louisiana Versus Bobby L. James
Louisiana Court of Appeal, 2025
State of Louisiana v. Zhane Quinn Persley
Louisiana Court of Appeal, 2025
State of Louisiana v. Derrick Dewayne Glover
Louisiana Court of Appeal, 2025
State of Louisiana v. Gladue Joseph Istre
Louisiana Court of Appeal, 2024
State of Louisiana v. Kevin Robert Sterling
Louisiana Court of Appeal, 2024
State of Louisiana v. Keith Brown, II
Louisiana Court of Appeal, 2024
State of Louisiana Versus Press Shorter, III
Louisiana Court of Appeal, 2023
State of Louisiana v. Demetrious McCoy, Sr.
Louisiana Court of Appeal, 2023
State of Louisiana Versus Jerman Neveaux
Louisiana Court of Appeal, 2023
State Of Louisiana v. Rickey J. Lafont, Jr.
Louisiana Court of Appeal, 2023
State of Louisiana v. Damond Scott
Louisiana Court of Appeal, 2023
State of Louisiana v. Gerald West
Louisiana Court of Appeal, 2023
State of Louisiana Versus Cody Breaux
Louisiana Court of Appeal, 2023
State of Louisiana v. Emily R. Fields
Louisiana Court of Appeal, 2023
State Of Louisiana v. Andre Thomas
Louisiana Court of Appeal, 2023

Cite This Page — Counsel Stack

Bluebook (online)
217 So. 3d 283, 2016 La. LEXIS 2472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-joseph-taylor-la-2016.