State of Louisiana Versus Carolina Morales

Louisiana Court of Appeal·Decided November 8, 2024·No. 24-K-478·Unknown

Opinion

STATE OF LOUISIANA NO. 24-K-478 VERSUS FIFTH CIRCUIT CAROLINA MORALES COURT OF APPEAL STATE OF LOUISIANA

November 08, 2024

Linda Wiseman

First Deputy Clerk

IN RE CAROLINA MORALES

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER, DIVISION "I", NUMBER 23-0196

Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and John J. Molaison, Jr.

WRIT DENIED, IN PART; GRANTED, IN PART; JUDGMENT VACATED, IN PART

In this writ application, defendant, Carolina Andrea Morales, seeks this Court’s supervisory review of the district court’s August 19, 2024 judgment granting the State of Louisiana’s notice of intent to introduce other crimes evidence under La. C.E. art. 404(B) pertaining to evidence of a prior July 2022 altercation involving Morales, and photographic evidence of various firearms. For the following reasons, Morales’ writ application is denied, in part, and granted, in part, with instructions. The portion of the district court’s August 19, 2024 judgment granting the State’s 404(B) notice of intent pertaining to evidence of a prior July 2022 altercation involving Morales is denied. The portion of the district court’s August 19, 2024 judgment granting the State’s 404(B) notice of intent relating to the admission of photographs is hereby vacated.

24-K-478

FACTUAL BACKGROUND AND PROCEDURAL HISTORY On May 4, 2023, a Jefferson Parish Grand Jury returned an indictment charging defendant, Carolina Andrea Morales,1 with the second-degree murder of Carlos Galvez, a violation of La. R.S. 14:30.1 (count one), attempted second- degree murder of A.G., a seventeen-year-old,2 a violation of La. R.S. 14:27:30.1 (count two), and obstruction of justice in a murder investigation by tampering with evidence used in a murder and attempted murder, a violation of La. R.S. 14:130.1 (count three). Morales pled not guilty.

On January 8, 2023, Jefferson Parish Sheriff’s Office (“JPSO”) deputies responded to a shooting at the La Rumba Bar & Grill (“La Rumba”), in Harvey, Louisiana. Upon arriving, the officers found two victims—one deceased from a fatal gunshot wound, and another with a gunshot wound to the neck. Law enforcement’s investigation, including eyewitness accounts, revealed that a Hispanic male and a Hispanic female entered into a heated verbal argument that escalated, which led to the shooters arming themselves, and subsequently shooting the victims. Morales and Ramos, who both fled the scene, were identified by multiple witnesses as the perpetrators. There were no other weapons recovered at the scene. Forensic analysis confirmed that two separate 9mm firearms were used to shoot the victims. Morales and Ramos were later arrested on warrants for second-degree murder, attempted second-degree murder, and obstruction of justice. According to the State, both defendants downplayed their actions, claiming self- defense or manslaughter.

Subsequent to the indictment, the State filed a notice of intent to introduce other crimes evidence pursuant to La. C.E. art. 404(B). Specifically, the State

1 On the same indictment, the State charged Maynor Ramos with the same three offenses. On May 22, 2024 the district court granted a motion for severance filed by the State. 2 In this writ application, the initials of the minor child are used to protect and maintain the privacy of the minor child involved in this proceeding. See Uniform Rules–Courts of Appeal, Rule 5–1 and Rule 5–2.

noticed its intent to introduce evidence of a prior altercation occurring at a nightclub in July 2022, involving both Morales and Ramos, which escalated to the point where one of them allegedly fired a gun. Additionally, during their investigation, officers discovered numerous images and videos of firearms on defendants’ cell phones, including photographs of defendants holding weapons, including a 9mm firearm, which is the type of weapon fired at the scene based on the ballistic evidence. In their notice of intent, the State advised that it intended to introduce at trial the images and videos extracted from defendants’ cell phones. According to the State, the evidence is admissible as it fits squarely within La. C.E. art. 404(B) in that these alleged prior bad acts tend to prove intent, modus operandi, opportunity, and identity, in addition to rebutting any claim of self- defense or defense of others.

In response, Morales filed a motion to exclude the other crimes evidence on the basis that the acts at issue were rendered irrelevant by the severance of the two cases, and that any probative value is substantially outweighed by the risks of confusing the issues, misleading the jury, undue delay, and causing significant unfair prejudice to Morales. Ramos also filed an opposition to the State’s notice.

A hearing on the State’s 404(B) motion was held on July 18, 2024, and the district court took the matter under advisement.3 On August 19, 2024, the district court issued judgment, granting the State’s 404(B) notice as to both Morales and Ramos regarding the July 2022 incident that occurred at a nightclub involving both defendants, and granted the State’s notice as to Morales, relative to the images of weapons that were extracted from both defendants’ cell phones, but denied the State’s notice as to Ramos, since none of the photographs depicted a male’s face. In particular, the district court determined that ample evidence existed between the

3 The State filed a single notice of intent addressing both Morales and Ramos, and a joint hearing took place on July 12, 2024, resulting in one judgment.

two incidents as Morales and Ramos are alleged to have escalated a verbal altercation at a local bar into a physical altercation, and a shooting. The court ruled that the prior incident constituted evidence of intent, knowledge, identity, and/or absence of mistake or accident. The court further ruled the value of the evidence is not outweighed by the danger of unfair prejudice. As to the photographs, the court determined that as to Morales, the photographs are admissible under La. C.E. art. 404(B) to establish Morales had access to, and was familiar with, the types of firearms used in the charged offense.

This writ application followed.4 DISCUSSION Applicable Law A trial court’s ruling as to the admissibility of other crimes evidence is reviewed for an abuse of discretion. State v. Kiger, 13-69 (La. App. 5 Cir. 10/30/13), 128 So.3d 552, 557. Generally, evidence of other crimes or bad acts committed by a criminal defendant is not admissible at trial. State v. Neveaux, 23- 477 (La. App. 5 Cir. 11/10/23), 377 So.3d 749, 757, writ denied, 23-1633 (La. 3/12/24), 381 So.3d 56. Courts may not admit evidence of other crimes, wrongs, or acts of a criminal defendant in order to show that the defendant is a person of bad character who has acted in conformity therewith. La. C.E. art. 404(B); State v. Hardy, 14-1569 (La. 11/21/14), 154 So.3d 537, 538. However when evidence of

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