State Of Louisiana v. Ellis C. Brown

Supreme Court of Louisiana
April 28, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ELLIS C. BROWN
No. 2023-KK-00626
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_ _
IN R
E: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 552- 576, Court of
Appeal, Fourth Circuit, Number(s) 2023-K-0284;
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April 28, 2023
Writ application granted in part. See per curiam.
Hughes, J., would deny.
Genovese, J., would deny.
Griffin, J., would deny.
JLW
SJC
WJC
JBM
04/28/2023 "See News Release 021 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-KK-00626
STATE OF LOUISIANA
VS.
ELLIS C. BROWN
On Supervisory Writ to the Criminal District Court, Parish of Orleans Criminal
PER CURIAM
Writ granted in part; otherwise denied. The trial court prematurely excluded
the evidence as inadmissible hearsay. Whether the evidence, in whatever form the
State ultimately intends to elicit it (which is not yet clear in these proceedings), will
constitute hearsay can better be determined when the evidence is offered at trial. See
generally State v. Green, 273 So.2d 288, 290 (La. 1971) (“Counsel was evidently
anticipating hearsay evidence, but, in fact, no hearsay had been uttered.”).
Furthermore, the trial court is ordered to rule before trial on Monday, May 1, 2023,
as to whether the evidence is admissible or should be excluded in accordance with
La. C.E. art. 404(B) and State v. Prieur, 217 So.2d 126 (La. 1973). See generally
State v. Taylor, 16-1124, pp. 11-13 (La. 12/1/16), 217 So.3d 283, 291-92.
04/28/23