Opinion

State v. Clark

  • 22 So. 3d 240
  • 2009 La. App. LEXIS 1627
  • 2009 WL 3018647
Court
Louisiana Court of Appeal
Filed
Sep 23, 2009
Status
Published
Author
Caraway
On the bench
Stewart, Caraway, Lolley
Cited by
1 cases
Authority
More cited than 7.5%

The opinion

CARAWAY, J.,

concurring.

11While I concur in the ruling, I write to make clear that the defense objections to the hearsay statements of Ruth Clark’s were improperly overruled. “Generally, an explanation of the officer’s actions should never be an acceptable basis upon which to admit an out-of-court declaration when the so-called ‘explanation’ involves a direct assertion of criminal activity against the accused.” State v. Hearold, 603 So.2d 731, 737 (La.1992). However, from the direct testimony of Ruth Clark and the overwhelming circumstantial evidence, it was more than sufficiently established that a knife was used in the battery so that the admission of the hearsay evidence was harmless error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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