State Of Louisiana v. John Glenn Raymond

STATE OF LOUISIANA NO. 2024 KW 0311

VERSUS

JOHN GLENN RAYMOND JUNE 17, 2024

In Re: State of Louisiana, applying for writs,
supervisory
22nd Judicial District Court, Parish of St. Tammany,
No. 5603- F- 2022.

BEFORE: GUIDRY, C. J., MCCLENDON AND WELCH, JJ.

WRIT GRANTED. It is well settled that courts may not admit
evidence of other crimes to show the defendant as a man of bad
character who has acted in conformity with his bad character.

See La. Code Evid. art. 404B( 1) ( a) . A exception to
statutory
the exclusionary rule is contained in La. Code Evid. art. 412. 4,
which allows the admission of other incidents of mistreatment of
juveniles for any relevant purpose, subject to the balancing
test provided in La. Code Evid. art. 403. Defendant' s assertion
that the prior acts in question were disciplinary measures,

which he was permitted to administer as the head disciplinarian
of the private school, put the his
question of
having the
requisite criminal intent for the commission of the crimes at

issue. The instances of alleged mistreatment of S. V. S. have
probative value to prove pattern and to rebut the defendant' s
defenses. Thus, this evidence is not more prejudicial than
probative. The trial court may lessen any potential prejudice
and guard against jury misuse of the evidence by giving
cautionary instructions contemporaneously with the evidence and

the closing argument, as well as in the jury charges. See e. g.
State v. Robertson, 2015- 2095 ( La. 2/ 5/ 16), 183 So. 3d 1287, 1291
per curiam).
Accordingly, the district court' s ruling
excluding evidence regarding defendant' s alleged mistreatment of
S. V. S. is reversed and this matter is remanded for further
proceedings.

URT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT
FOR THE COURT