State v. Merritt
Also decided on this docket: La. Ct. App. 3d Cir., March 17, 2004 875 So. 2d 80
State v. Merritt, 884 So. 2d 1283 (La. Ct. App. 3d Cir. 2004).
Cited by
- State of Louisiana v. Catrina L. Wallace La. Ct. App. 3d Cir. 2012
- State v. Wallace 92 So. 3d 592 La. Ct. App. 1st Cir. 2012
- State of Louisiana v. J. S. La. Ct. App. 3d Cir. 2010
- State of Louisiana v. Alton Lane Strother La. Ct. App. 3d Cir. 2009
- State v. Strother 19 So. 3d 598 La. Ct. App. 3d Cir. 2009
- State of Louisiana v. Gene Mitchell Olivier La. Ct. App. 3d Cir. 2008
- State of Louisiana v. Charles M. Williams La. Ct. App. 3d Cir. 2008
- State v. AUGUILLARD 997 So. 2d 904 La. Ct. App. 3d Cir. 2008
- State of Louisiana v. Paul D. Massey La. Ct. App. 3d Cir. 2008
- State of Louisiana v. Russell J. Auguillard, Jr. La. Ct. App. 3d Cir. 2008
- State v. Massey 999 So. 2d 343 La. Ct. App. 3d Cir. 2008
- State of Louisiana v. Louis Hayes, Jr. La. Ct. App. 3d Cir. 2008
Opinion text
884 So.2d 1283 (2004) STATE of Louisiana v. Dillon James MERRITT. No. 03-946. Court of Appeal of Louisiana, Third Circuit. October 13, 2004. Van Hardin Kyzar, District Attorney, 10th Judicial District Court, Natchitoches, LA, for State of Louisiana. Phyllis Elaine Mann, Alexandria, LA, for Dillon James Merritt. Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS and ARTHUR J. PLANCHARD [*] , Judges. ON REHEARING ULYSSES GENE THIBODEAUX, Chief Judge. We granted rehearing for the purpose of again reviewing the propriety of the four convictions and sentences for cruelty to juveniles against the Defendant. For the following reasons, we grant in part and deny in part the Defendant's application for rehearing. After careful reconsideration of the entire record, we again affirm the Defendant's convictions and sentences on Counts 1, 3 and 4. We reverse the Defendant's conviction on Count 2 and remand to the trial court for retrial. Dr. Springer's testimony is inadmissible hearsay and should have been excluded from evidence. See La.Code Evid. arts. 705(B), 801(C), and 803(4). Furthermore, the erroneous admission of Dr. Springer's testimony was not harmless error. AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR A NEW TRIAL ON COUNT 2. Chief Judge THIBODEAUX would additionally grant the rehearing to reverse on Count 4 and would order the entry of an acquittal and would further order concurrent sentences on Counts 1 and 3. Judge PLANCHARD affirms all convictions for the reasons articulated in the original majority opinion. NOTES [*] Honorable Arthur J. Planchard, retired, participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore.