State Of Louisiana v. Kenneth Smith

Supreme Court of Louisiana
January 25, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KENNETH SMITH
No. 2022-KK-01651
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_ _
IN R
E: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 12- 17-0241,
Court of Appeal, First Circuit, Number(s) 2022 KW 0748;
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January 25, 2023
Writ application granted in part. See per curiam.
Hughes, J., dissents and assigns reasons.
Genovese, J., would grant in part for the reasons assigned by Chief Judge
Whipple's dissent.
WJC
JLW
SJC
JBM
PDG
01/25/2023 "See News Release 003 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-KK-01651
STATE OF LOUISIANA
VS.
KENNETH SMITH
On Writ of Certiorari to the Court of Appeal, First Circuit,
Parish of East Baton Rouge
PER CURIAM
Writ granted. The court of appeal opinion is reversed in part to reinstate that
portion of the trial court’s ruling allowing into evidence Jamoriya Ben’s inconsistent
explanations to investigating officers about his gunshot wound. Those statements
are not being offered for the trut h of the matter asserted. See La. Code Evid. art.
801C. The court of appeal opinion is further reversed in part to reinstate that portion
of the trial court’s ruling allowing into evidence Ben’s statements in the recorded
telephone calls (1) requesting or referencing direct and indirect communications
with “Ken,” and (2) directing others to retrieve Ben’s cell phone. See La. Code Evid.
art. 801D(3)(b). In all other respects, the writ application is denied.
01/25/23