Opinion

State v. Taylor

  • 2009 La.App. 1 Cir. 2060
  • 38 So. 3d 1062
  • 2010 La. App. LEXIS 671
  • 2010 WL 1838007
Court
Louisiana Court of Appeal
Filed
May 7, 2010
Status
Published
Author
Whipple
On the bench
Whipple, Hughes, Welch
Cited by
0 cases
Authority
More cited than 7.7%

The opinion

WHIPPLE, J.,

dissenting.

|TIn my view, the facts of State v. Smith, 897 So.2d 710 (La.App. 1st Cir.2004), relied upon by the majority, are clearly distinguishable. As the State notes, Smith dealt with the issue of the admissibility and authentication of documentary evidence, not the issue presented herein, i.e., whether the use of a document to refresh the parole officer’s memory was proper. Moreover, the defendant herein did not challenge the authenticity of the document, which was identified by the parole officer as a record or report generated and kept by the office in the normal course of business, but instead entered a hearsay objection to the manner in which the officer was allowed to use (ie., to hold) the document when testifying.

Accordingly, I respectfully dissent and would affirm the trial court.

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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