Luke J. Grezaffi v. Paul Bryan Carroll and Mikki Gremillion Carroll

A ra 14M;M U019PUM

LUKE J. GREZAFFI NO. 2024 CW 0395

VERSUS

PAUL BRYAN CARROLL AND MIKKI JULY 26, 2024
GREMILLION CARROLL

In Re: Paul Bryan Carroll, applying for supervisory writs, 18th
Judicial District Court, Parish of Pointe Coupee, No.
49886.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

WRIT GRANTED. The transcript of the previous trial in this
matter constitutes hearsay, as it consists of testimony of

witnesses at another hearing, offered in evidence to prove the
truth of the matter asserted. La. Code Evid. art. 801. Upon a
proper foundation, transcript may be admissible
portions of the

for testimony of a witness who is unavailable pursuant to La. Code
Evid. art. 804( B)( 1) and/ or for impeachment purposes.

Accordingly, the portion of the trial court' s April 10, 2024
judgment which granted the motion in limine filed by plaintiff,
Luke J. Grezaffi, is reversed, and that motion is denied. The
portion of the trial court' s April 10, 2024 judgment which denied
the motion in limine filed by defendant, Parish of Pointe Coupee,
is reversed, and that motion in limine is granted, to exclude the
transcript of the prior trial from admission into evidence at the
trial of this matter, subject to portions of the transcript being
subject to admission, upon proper foundation, as an exception to

hearsay pursuant to La. Code Evid. art. 804 ( B) ( 1) and/ or for
purposes of impeachment.

EW

HG

Miller, J., concurs.

COURT OF APPEAL, FIRST CIRCUIT

UTY CLERK OF COURT
FOR THE COURT