# State v. Clark

> Louisiana Court of Appeal · September 23, 2009 · 22 So. 3d 240

URL: https://www.frixlaw.com/law-library/cases/9652039

## Case

- **Full name:** STATE of Louisiana, Appellee v. Roderick CLARK, Appellant
- **Court:** Louisiana Court of Appeal
- **Decided:** September 23, 2009
- **Citations:** 22 So. 3d 240; 2009 La. App. LEXIS 1627; 2009 WL 3018647
- **Precedential status:** Published
- **Opinion:** Concurrence by Caraway
- **Judges:** Stewart, Caraway, Lolley
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9652039

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9652039. Public record. Not legal advice.