the victim’s extrajudicial declaration of fear of or revulsion by defendant made several hours before the homicide was admitted as relevant, non-hearsay circumstantial evidence concerning the victim’s state of mind about defendant
How later courts described this case
- the victim’s extrajudicial declaration of fear of or revulsion by defendant made several hours before the homicide was admitted as relevant, non-hearsay circumstantial evidence concerning the victim’s state of mind about defendant
Written by the judges who cited it.
Distinguished
Distinguished by State v. Leonard, 910 So. 2d 977 (2005)
In contrast, State v. Spell, 399 So.2d 551, 556 (La.1981), held that the Raymond exception was inapplicable where the victim's out-of-court statement only related to the state of mind of the victim two weeks before his death and was not a declaration of the deceased made shortly before his death.
Distinguished by State v. Spell, 399 So. 2d 551 (1981)
The Raymond exception is inapplicable here and the hearsay testimony was inadmissible as it only related to the state of mind of the victim two weeks before his death and was not a declaration of the deceased made shortly before his death.
The opinion
DIXON, Justice
(concurring) :
Although the record does not reflect that the error was prejudicial, there is no justification for the trial court’s prohibiting the State’s witnesses from discussing the case with defense counsel.
Louisiana does not provide for discovery devices in criminal cases. Neither does Louisiana prohibit the defendant, if he can and will, from interviewing witnesses for the prosecution. Article 764, Code of Criminal Procedure does not allow the judge to prevent the defense counsel from attempting to talk to the prosecution witnesses.