State Of Louisiana v. Ahmad Hassan Smith

STATE OF LOUISIANA NO. 2024 KW 0359

VERSUS

AHMAD HASSAN SMITH JULY 29, 2024

In Re: State of Louisiana, 22nd
applying for supervisory writs,
Judicial District Court, Parish of St. Tammany, No.
5823- F- 2022.

BEFORE: CHLTTZ, GREENE, AND STROMBERG, JJ.

WRIT GRANTED. The ruling denying the State' s Article 412. 2
motion is reversed and the motion is granted. The district court
abused its discretion in
finding that the prejudicial effect of
the evidence substantially outweighs its probative value. Article
412. 2 was enacted to loosen restrictions on " other crimes"
evidence, and to allow evidence of " lustful disposition" in cases
involving sexual offenses. State v. Wright, 2011- 0141 ( La.
12/ 6/ 11), 79 So. 3d 309, 317. The evidence concerns relator' s

commission of another
wrong, or act involving sexually
crime,

assaultive behavior or acts which indicated a lustful disposition
toward children. See La. Code Evid. art. 412. 2( A). Further, the

probative value of the evidence is not substantially outweighed by
the danger of unfair prejudice, confusion of the issues, misleading
the jury, or by considerations of undue delay or waste of time.
See La. Code Evid. art. 403. A lapse in time will go to the weight
of the evidence, rather than its See State
admissibility. v.

Riley, 2015- 0142 ( La. App. 1st Cir. 9/ 21/ 15), 2015 WL 5547489, * 4
unpublished) , writ denied, 2015- 1940 ( La. 11/ 15/ 16) , 209 So. 3d
788. Accordingly,
this matter is remanded to the district court
for further proceedings.

WRC
HG
TPS

OURT OF APPEAL, FIRST CIRCUIT

0

Y CLERK OF COURT
FOR THE COURT