State Of Louisiana v. Chauncey Carter

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NO. 2021 KW 021. 4
STATE OF LOUISIANA

VERSUS

CARTER MAY 4, 2021
CHAUNCEY R.

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

District Court, Parish of East Baton
19th Judicial

Rouge, No. 04- 14- 0019.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED. The district court' s ruling excluding evidence
the defendant' s intentional exposure
of prior acts consisting of
to the AIDS virus is reversed, and this matter is remanded to the
assaultive
district court for further proceedings. " Sexually
intentionally used by the
behavior" is a general expression

Legislature in order to reference a broad range of behavior not
offenses or any list of
limited by statutorily -designated
technical" definitions. State v. Layton, 2014- 1910
statutory
168 So. 3d 358, 362. As used in La. Code of Evid.
La. 3/ 17/ 15),
behavior is broad enough to
art. 412. 2, sexually assaultive

that is proscribed in La. R. S.
include the type of conduct

Because the district court found that the instant
14: 43. 5.
involve assaultive
offense and prior acts do not sexually
behavior, we remand the matter to the district court to apply the
See State v.
balancing test provided in La. Code Evid. art. 403.
Fife, 2019- 01833 ( La. 1/ 28/ 20), 288 So. 3d 117( per curiam).

JMG
PMO
WIL

COURT OF APPEAL, FIRST CIRCUIT

Y
DEPUTY TLtRK OF COURT
FOR THE COURT