State v. Durning

Supreme Court of Louisiana

State v. Durning

221 So. 3d 846, 2017 WL 2610637, 2017 La. LEXIS 1287

CourtSupreme Court of Louisiana

DecidedJune 16, 2017

DocketNo. 2017-KK-0690

StatusPublished

This text of 221 So. 3d 846 (State v. Durning) 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. Durning, 221 So. 3d 846, 2017 WL 2610637, 2017 La. LEXIS 1287 (La. 2017).

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Opinion

CRICHTON, J.,

would grant and assigns reasons:.

hi would' grant the State’s writ application. The defendant is charged with committing the crime of cyberstalking. The State filed a Notice, of Res Gestae, seeking to introduce two consent judgments that (i) enjoin defendant from harassing, stalking, following, or threatening the victim, and (ii) terminate the- defendant’s parental authority over his child with the victim. But res gestae evidence- does not typically require notice and, in any event, I question the .accuracy of using that legal: term. Instead, I would treat .the State’s Notice-of Res Gestae as a motion in limine regarding admissibility; and, in my view, the consent judgments are clearly admissible [847]*847in this bench trial as either a party admission or a judicial declaration.

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CRICHTON, J.,

would grant and assigns reasons:.

hi would' grant the State’s writ application. The defendant is charged with committing the crime of cyberstalking. The State filed a Notice, of Res Gestae, seeking to introduce two consent judgments that (i) enjoin defendant from harassing, stalking, following, or threatening the victim, and (ii) terminate the- defendant’s parental authority over his child with the victim. But res gestae evidence- does not typically require notice and, in any event, I question the .accuracy of using that legal: term. Instead, I would treat .the State’s Notice-of Res Gestae as a motion in limine regarding admissibility; and, in my view, the consent judgments are clearly admissible [847]*847in this bench trial as either a party admission or a judicial declaration.

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Bluebook (online)

221 So. 3d 846, 2017 WL 2610637, 2017 La. LEXIS 1287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-durning-la-2017.