State of Louisiana v. Lorenzo Green

Opinion

ffJAWA 4 K

F, I

79 19

STATE OF LOUISIANA NO. 2026 KW 0702

VERSUS

MARLON B. RICHARD AUGUST 10, 2026

In Re: State of Louisiana, applying for supervisory writs, 19th

Judicial District Court, Parish of East Baton Rouge, No.

DC - 21- 02608.

BEFORE: WOLFE, STROMBERG, AND BALFOUR, JJ.

WRITGRANTED. The trial court abused its discretion in denying the State' s motion in limine. The purpose of the statutory scheme of La. Code Crim. P. arts. 766- 768 is to prevent surprise and allow adequate time for the preparation of a defense. See State v.

Russell, 416 So. 2d 1283, 1288 ( La.), cert. denied, 459 U. S. 974,

103 S. Ct. 309, 74 L. Ed. 2d 288 ( 1982). Furthermore, voluntary and spontaneous statements made following arrest but not in response to police questioning and made with no expectation of privacy do not have to be suppressed. See United States v. Carpenter, 611

F. 2d 113, 117 ( 5th Cir.), cert. denied, 447 U. S. 922, 100 S. Ct.

3013, 65 L. Ed. 2d 1114 ( 1980). Moreover, evidence may be admitted and jurisprudential exceptions to the by certain statutory exclusionary rule when it tends to prove a material issue and has independent relevance other than showing that the defendant is of bad character. State v. Hicks, 2022- 0350 ( La. App. lst Cir.

11/ 4/ 22), 354 So. 3d 715, 718, writ denied, 2022- 01749 ( La.

4/ 12/ 23), 359 So. 3d 29. The respondent' s spontaneous statement:

He was going to shoot me," tends to show his knowledge of the

crimes at issue, state of mind, and intent. Thus, the probative

value of the respondent' s spontaneous statements, which is not

outweighed by its prejudicial effect, is admissible at trial.

Accordingly, the trial court' s ruling denying the State' s motion in limine is reversed, the motion is granted, and this matter is remanded for further proceedings.

EW

TPS

KEB