Shalmon Stennis v. Lowe's Homes Centers, Llc D/b/ A Lowe's And Rd S. Morris

Supreme Court of Louisiana
May 02, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
SHALMON STENNIS
VS.
LOWE'S HOMES CENTERS, LLC D/B/
A LOWE'S AND RD S. MORRIS
No. 2023-CC-00514
_ _ _ _ _ _
IN RE: Lo
we's Home Center, LLC - Applicant Defendant; Applying For
Supervisory Writ, Parish of Orleans Civil, Orleans Civil District Court Number(s)
2020-10769, Court of Appeal, Fourth Circuit, Number(s) 2023-C-0208;
_ _ _ _ _ _
May 02, 2023
Writ application granted. See per curiam.
Hughes, J., dissents for the reasons assigned by McCallum, J.
Genovese, J.
, dissents for the reasons assigned by McCallum, J.
McCallum, J.
, dissents and assigns reasons.
JLW
SJC
WJC
PDG
05/02/2023 "See News Release 021 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-CC-00514
SHALMON STENNIS
VS.
LOWE'S HOMES CENTERS, LLC D/B/A LOWE'S AND RD S. MORRIS
On Supervisory Writ to the Orleans Civil District Court, Parish of Orleans Civil
PER CURIAM
Granted. The court of appeal erred by reversing the trial court’s denial of
plaintiff’s motion in limine. Under the unique circumstances of this case, the
evidence relates to a material fact in dispute and, potentially, to defendant’s legal
theory, as opposed to solely being offered as character evidence to show a propensity
for committing violence. The trial court should consider the evidence at trial and
the purpose for which it is offered then determine its admissibility after performing
the balancing test of Louisiana Code of Evidence article 403.
05/02/23