State Of Louisiana v. Donald Franklin

Supreme Court of Louisiana
October 04
, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DONALD FRANKLIN
No. 2023-KK-01332
_ _ _ _ _ _
IN RE: S
tate of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of St. Bernard, 34th Judicial District Court Number(s) 22- 01545, Court of
Appeal, Fourth Circuit, Number(s) 2023-K-0636;
_ _ _ _ _ _
October 04, 2023
Writ application granted. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
10/04/2023 "See News Release 043 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No.
2023-KK-01332
STA
TE OF LOUISIANA
VS.
DONALD FRANKLIN
On S
upervisory Writ to the 34th Judicial District Court, Parish of St. Bernard
PER CURIAM:
Writ granted. For the reasons provided by Judge Jenkins dissenting in the
court of appeal, State v. Franklin , 23-636 (La. App. 4 Cir. 10/4/23) (unpub’d), we
find that the trial court abused its discretion in granting defendant’s motion in limine
to exclude the statement he is alleged to have made to the victim to try to induce her
cooperation. This evidence is integral to the criminal act charged. See generally State
v. T
aylor, 2001-1638 (La. 1/14/03), 838 So.2d 729 . Defendant also failed to show
that the probative value of this evidence is substantially outweighed by the danger
of unfair prejudice. See La.C.E. art. 403. We reverse the trial court’s ruling excluding
this evidence and we deny defendant’s motion in limine. The matter is remanded for
further proceedings.
REVERSED AND REMANDED
10/04/23