State Of Louisiana v. Brian Douglas Horn

Supreme Court of Louisiana
February 14, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BRIAN DOUGLAS HORN
No. 2022-KK-01722
_ _
_ _ _ _
I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Desoto, 42nd Judicial District Court Number(s) 20,372, Court of Appeal,
Second Circuit, Number(s) 54,854-KW;
_ _ _ _ _ _
February 14, 2023
Writ application granted. See per curiam.
Weimer, C.J., dissents and would grant and docket.
Hughes, J., dissents and would grant and docket.
Griffin, J., dissents and would grant and docket.
C
richton, J., recused.
Retired Judge Eric Harrington appointed Justice ad hoc.
JTG
WJC
JBM
ERH
02/14/2023 "See News Release 007 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2022-KK-01722
S
TATE OF LOUISIANA
VS.
BRIAN DOUGLAS HORN
O
n Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Desoto
PE
R CURIAM:
Writ granted. The court of appeal erred in reversing the trial court’s pre-trial
determination that defendant’s two prior convictions for sex offenses would be
admissible pursuant to La. C.E. art. 404(B)(1) in this capital trial. State v. Horn, 54-
854 (La. App. 2 Cir. 9/1/22)(unpubl.), rehearing denied (with one judge voting to
grant the rehearing), (10/20/22).
Louisiana Code of Evidence Article 404(B)(1) provides for the admissibility
of other crimes evidence if the state establishes an independent and relevant reason
for its admission. State v. Miner, 17-1586, p. 1 (La. 1/4/18), 232 So. 3d 551, 552
(citation omitted). It is the duty of the trial court in its gatekeeping function to
determine t he independent relevancy of such evidence. State v. Altenberger, 13 -
2518, p. 8 (La. 4/11/14), 139 So.3d 510, 515. The trial court must balance the
probative value of the other crimes, wrongs, or acts evidence against its prejudicial
effects before the evidence can be admitted. State v. Henderson, 12-2422, p. 2 (La.
1/4/13), 107 So.3d 566, 567-68 (citing La. C.E. art. 403) . A trial court’s ruling on
the admissibility of other crimes evidence will not be disturbed absent an abuse of
discretion. State v. Brown, 18-01999, p. 39 (La. 9/30/21), 330 So.3d 199, 236, cert.
denied, __U.S.__, 142 S.Ct. 1702 (2022).
The trial court’s ruling was not based upon an erroneous application of the
law or a clearly erroneous assessment of the evidence; thus, there is no basis for the
02/14/23

court of appeal finding that the trial court abused its dis cretion. As such,
the appellate court erred in overturning the trial court’s ruling. Accordingly, we
reverse the ruling of the court of appeal, reinstate the trial court’s ruling, and remand
for further proceedings.