Opinion

State v. James

  • 2009 La.App. 4 Cir. 1188
  • 32 So. 3d 993
  • 2010 La. App. LEXIS 258
  • 2010 WL 681423
Court
Louisiana Court of Appeal
Filed
Feb 24, 2010
Status
Published
Author
Belsome
On the bench
Kirby, Tobias, Belsome
Cited by
44 cases
Authority
More cited than 7.7%

The opinion

BELSOME, J.,

concurs with reasons.

| lAlthough I concur in the result, I disagree with the majority’s determination that the scenario in the instant case is analogous to State v. Galindo. In Galin-do, the victim and witness both admitted at trial that their statements regarding the alleged criminal behavior were coached and subsequently recanted. State v. Galindo, 2006-1090 (La.App. 4 Cir. 10/3/07) , 968 So.2d 1102, 1120 (Belsome, J., dissenting). In sharp contrast to the facts and circumstances in Galindo, the victim in the instant case testified consistently as to the actual criminal acts; the discrepancies in the victim’s statements are all inconsequential. The factfinder weighed these discrepancies in light of all of the evidence and concluded that her testimony was credible. I respectfully concur.

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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