State Of Louisiana v. William Garner

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 1052

VERSUS

WILLIAM GARNER OCTOBER 29, 2020

In Re: State of Louisiana, for
applying supervisory writs,

19th Judicial District Court, Parish of East Baton
Rouge, No. 08- 18- 0264.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED. The Emergency Medical Service ( EMS) reports
at issue in this case are considered statements for the purpose
of medical treatment and medical diagnosis in connection with
treatment and records of
regularly conducted business activity,
and thus, they are not excluded by the hearsay rule. See La.
Code Evid, art. 803 ( 4) & ( 6); see also State v. Mullen, 2018-
0643 ( La. App. 1st Cir. 12/ 21/ 18), 269 So. 3d 772, 783, writ
denied, 2020- 00408 ( La. 10/ 6/ 20), So. 3d , 2020 WL
5904883. Therefore, the district court' s that the EMS
ruling
reports were excluded from being introduced into evidence by the
state because they are hearsay is reversed, and the matter is
remanded for further proceedings.

JMG
PMC
WIL

COURT APPEAL, FIRST CIRCUIT
OFF
DEPUTY C E K OF COURT
FOR THE COURT