Opinion

State of Louisiana v. David J. Koederitz

  • 166 So. 3d 981
  • 2015 La. LEXIS 489
  • 2015 WL 1212257
Court
Supreme Court of Louisiana
Filed
Mar 17, 2015
Status
Published
Author
Crichton
On the bench
Crichton
Cited by
13 cases

The opinion

CRICHTON, J.,

additionally concurring.

Iil concur in all respects with the majority opinion that the victim’s statements to medical personnel reflected in the certified Ochsner Hospital records of February 23 and 25, 2013, are admissible under La. C.E. art. 803(4). Moreover, I agree that the statements are non-testimonial for purposes of the Confrontation Clause because they were not procured for trial purposes, much like an alleged victim’s statements to a forensic psychiatrist. Finally, as the majority correctly notes, the victim’s letter of January 19, 2012 (over one year prior to the alleged crime) reflects her then-exist- . ing state of mind and her intentions, and is therefore admissible under La. C.E. art. 803(3). This evidence is crucial in a domestic abuse battery case, particularly where, as here, the victim is “unavailable” under law.

I write separately to caution attorneys as to the discretion, care and restraint that must be exercised when presenting this type of evidence — especially in a jury trial. In some cases, portions of the medical records will need to be carefully redacted; cases involving letters or diary 'entries' by the “unavailable” victim require scrutiny and measured restraint to ensure compliance with the Confrontation Clause and the Louisiana Code of Evidence. Finally, the trial judge, as the gatekeeper, should recognize his or her obligation under La. C.E. art. 403 to balance the probative value of the tendered evidence versus the potential prejudice such that the defendant receives due process. Thus, with this cautionary | ¡Instruction, I embrace the rationale of Judge Lobrano’s dissent and wholeheartedly agree with the majority’s conclusion in this case.

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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