State of Louisiana Versus Marshae Jones

• Court: Louisiana Court of Appeal
• Decided: December 18, 2024
• Docket: 24-K-613
• Status: Unknown

Opinion

STATE OF LOUISIANA NO. 24-K-613

VERSUS FIFTH CIRCUIT

MARSHAE JONES COURT OF APPEAL

STATE OF LOUISIANA

December 18, 2024

Linda Wiseman First Deputy Clerk

IN RE MARSHAE JONES

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE RAYMOND S. STEIB, JR., DIVISION "A", NUMBER 22-3096

Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Scott U. Schlegel

WRIT GRANTED

Relator, Marshae Jones, is charged with carnal knowledge of a juvenile, in

violation of La. R.S. 14:80. Trial is currently in progress. Ms. Jones seeks

supervisory review of the trial court’s ruling denying her request to show the tattoos

on her lower back and buttocks to the jury, whether in person or, alternatively, in

photographs. She contends this evidence is vital to her defense, where the alleged

victim did not mention such tattoos at trial.

A criminal defendant has the constitutional right to present a defense, which is

fundamental to due process of law. U.S. Const. Amends. 6 and 14; La. Const. Art. I,

§ 16; State v. Van Winkle, 94-0947 (La. 6/30/95), 658 So.2d 198, 201; State v. Young,

20-01041 (La. 5/13/21), 320 So.3d 356, 359-60. “[T]he Constitution guarantees

criminal defendants ‘a meaningful opportunity to present a complete defense.’ ” State

v. Wilson, 17-0908 (La. 12/5/18), 319 So.3d 262, 267, citing Crane v. Kentucky, 476

U.S. 683, 690, 106 S.Ct. 2142, 2146, 90 L.Ed.2d 636 (1986).

24-K-613 Generally, a defendant should be allowed to present evidence on any relevant

matter. Young, 320 So.3d at 359; State v. Shoemaker, 500 So.2d 385 (La.1987).

“Relevant evidence” means evidence having any tendency to make the existence of

any fact that is of consequence to the determination of the action more probable or

less probable than it would be without the evidence. La. C.E. art. 401. Although

relevant, evidence may be excluded if its probative value is substantially outweighed

by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or

by considerations of undue delay, or waste of time. La. C.E. art. 403.

After review, we find the trial court abused its discretion in not admitting

evidence of her tattoos. Although identification is not at issue, the credibility of the

alleged victim is paramount in this matter. According to relator, she has testified

regarding her tattoos. The pictures show where and how pronounced they are, which

is relevant to her defense. The photographs may offer the jury a better opportunity to

assess the credibility of the victim, which is at the heart of the case.

Although we find that evidence of the tattoos is admissible, an in-person,

physical display is not essential and does not comport with courtroom decorum,

where the photographs provide an appropriate alternative means. Accordingly, we

deny relator’s request to show her tattoos to the jury in person, but we find that

photographs may be presented. According, we grant this writ application and remand

to the trial court for further proceedings, allowing relator to present photographs of

the tattoos to the jury at trial, subject to proper authentication and other rules of

evidence other than relevancy, upon which we have already ruled.

Gretna, Louisiana, this 18th day of December, 2024.

FHW JGG

2 STATE OF LOUISIANA NO. 24-K-613

SCHLEGEL, J., DISSENTS WITH REASONS

I respectfully dissent. The trial court is accorded great discretion in

evidentiary rulings and, absent a clear abuse of that discretion, rulings on

admissibility of evidence will not be disturbed on appeal. State v. Williams, 20-

46 (La. App. 5 Cir. 12/30/20), 308 So.3d 791, 834, writ denied, 21-316 (La.

5/25/21), 316 So.3d 2.

Based upon the showing made, I would deny the writ. This court has not

been provided with a copy of T.R.’s video interview or transcript of the victim

from trial. Thus, I am unsure how the majority can properly weigh the evidence

to make a determination of relevance. The trial court is in the best position to

make this determination. Further, the defense has already acknowledged that the

tattoos are not necessary for identification purposes and in fact, defendant

alleges that she did not have sex with T.R. Thus, if the defense wanted to attack

the victim’s credibility, she could have asked the victim questions about the

existence of any tattoos. Defense cannot now argue that a physical presentation

or photographs of the tattoo are relevant for impeachment purposes under La.

C.E. art. 613 as there has been no evidence of an inconsistent statement. The

defense’s argument that if the victim had had sex with defendant, then he would

have screamed from the rooftops the existence of tattoos to everyone he spoke

with and the fact that he did not is somehow an inconsistent statement is

unpersuasive. Further, it does not appear from this writ application that the

24-K-613 defense is being prevented from making this argument. The trial court simply

excluded the photographic evidence and physical presentation of defendant’s

tattoos as not relevant. Thus, based on the showing made, I would deny. In the

event of a conviction, defendant has an adequate remedy on appeal.

SUS

2 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 12/18/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-K-613 E-NOTIFIED 24th Judicial District Court (Clerk) Hon. Raymond S. Steib, Jr. (DISTRICT JUDGE) A. Bruce Netterville (Relator) Thomas J. Butler (Respondent) Bianca N. Moore (Relator)

MAILED