State v. Carr

Louisiana Court of Appeal

State v. Carr

620 So. 2d 288, 1992 La. App. LEXIS 4355, 1992 WL 500511

CourtLouisiana Court of Appeal

DecidedNovember 12, 1992

DocketNo. 92 KW 2026

StatusPublished

Cited by1 cases

This text of 620 So. 2d 288 (State v. Carr) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Carr, 620 So. 2d 288, 1992 La. App. LEXIS 4355, 1992 WL 500511 (La. Ct. App. 1992).

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Opinion

WATKINS, CRAIN and FOGG, JJ.

WRIT DENIED: We specifically disapprove of the language in State v. Tucker, 602 So.2d 59 (La.App. 1st Cir.), writ denied, 604 So.2d 1320 (La.1992), which indicates that hearsay is not admissible at a Prieur hearing for purposes of establishing by clear and convincing evidence that the accused committed the other crime(s); and we specifically overrule any such holding therein. See La.C.E. art. 104(A). Therefore, the district court properly considered the testimony of the Assistant District Attorney in the instant matter. We further find no merit to relator’s other arguments.

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WATKINS, CRAIN and FOGG, JJ.

WRIT DENIED: We specifically disapprove of the language in State v. Tucker, 602 So.2d 59 (La.App. 1st Cir.), writ denied, 604 So.2d 1320 (La.1992), which indicates that hearsay is not admissible at a Prieur hearing for purposes of establishing by clear and convincing evidence that the accused committed the other crime(s); and we specifically overrule any such holding therein. See La.C.E. art. 104(A). Therefore, the district court properly considered the testimony of the Assistant District Attorney in the instant matter. We further find no merit to relator’s other arguments.

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620 So. 2d 288, 1992 La. App. LEXIS 4355, 1992 WL 500511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carr-lactapp-1992.

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