State v. Bourgeois

Supreme Court of Louisiana

State v. Bourgeois

147 So. 3d 163, 2014 La. LEXIS 1836, 2014 WL 4476655

CourtSupreme Court of Louisiana

DecidedSeptember 12, 2014

DocketNo. 2014-KK-0858

StatusPublished

This text of 147 So. 3d 163 (State v. Bourgeois) 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 v. Bourgeois, 147 So. 3d 163, 2014 La. LEXIS 1836, 2014 WL 4476655 (La. 2014).

Pincite

Opinion

PER CURIAM.

| ,WRIT GRANTED. The trial court erred in granting defendant’s motion to strike evidence relating to the Schedule I drug AM-2201 being the cause of a homicide. The evidence is relevant, and although it may be prejudicial, it is not unduly prejudicial. The absence of the evidence of the victim’s death would deprive the state of its narrative momentum and cohesiveness “with power not only to support conclusions but to sustain the willingness of jurors to draw the inferences, whatever they may be, necessary to reach an honest verdict.” State v. Colomb, 98-2813 (La.10/1/99), 747 So.2d 1074, 1076 (quoting Old Chief v. United States, 519 U.S. 172, 186, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997)). Therefore, we grant the State’s writ application, reverse the judgment of the district court, and remand the matter for further proceedings.

KNOLL, J., would deny. WEIMER, J., would grant and docket.

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PER CURIAM.

| ,WRIT GRANTED. The trial court erred in granting defendant’s motion to strike evidence relating to the Schedule I drug AM-2201 being the cause of a homicide. The evidence is relevant, and although it may be prejudicial, it is not unduly prejudicial. The absence of the evidence of the victim’s death would deprive the state of its narrative momentum and cohesiveness “with power not only to support conclusions but to sustain the willingness of jurors to draw the inferences, whatever they may be, necessary to reach an honest verdict.” State v. Colomb, 98-2813 (La.10/1/99), 747 So.2d 1074, 1076 (quoting Old Chief v. United States, 519 U.S. 172, 186, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997)). Therefore, we grant the State’s writ application, reverse the judgment of the district court, and remand the matter for further proceedings.

KNOLL, J., would deny. WEIMER, J., would grant and docket.

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Bluebook (online)

147 So. 3d 163, 2014 La. LEXIS 1836, 2014 WL 4476655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bourgeois-la-2014.

Opinion

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