2024-KK-00494 Precedential Reversed Processed

State Of Louisiana v. Cleveland Joseph Ely

Louisiana Supreme Court · Filed June 25, 2024

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Opinion text

Supreme Court of Louisiana
June 25, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
CLEVELAND JOSEPH ELY
No. 2024-KK-00494
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_ _ _ _
I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) DC -22-01841,
Court of Appeal, First Circuit, Number(s) 2024 KW 0007;
_ _ _ _ _ _
June 25, 2024
Writ application granted. See per curiam.
Hughes, J., dissents and would deny.
Genovese, J., dissents and would deny.
Griffin, J., dissents and would deny.
JBM
JLW
SJC
WJC
06/25/2024 "See News Release 030 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2024-KK-00494
STATE OF LOUISIANA
VS.
CLEVELAND JOSEPH ELY
On Supervisory Writ to the 19th Judicial District Court,
Parish of East Baton Rouge
PER CURIAM.
Granted. We recognize that a trial court’s ruling on a motion in limine should
only be reversed on a showing of an abuse of discretion. State v. Dressner , 08-
1366, p. 17 (La. 7/6/10), 45 So. 3d 127, 138. In the instant matter, the defendant’s
statements in the recorded interview with respect to the death of the witness,
Shawn George, are relevant under La. C.E. art. 401 as to the charge of illegal use
of weapons or dangerous instrumentalities, La. R.S. 14:94 A. We grant the State’s
writ application and reverse the trial court’s denial of the State’s motion in limine.
The State is permitted to introduce the recorded interview of defendant, limited to
that portion of the interview concerning the death of Shawn George.
06/25/24