State Of Louisiana v. Brian Lavergne

A

STATE OF LOUISIANA NO. 2024 KW 0745

VERSUS

BRIAN LAVERGNE SEPTEMBER 5, 2024

In Re: State of Louisiana, 19th
applying for supervisory writs,
Judicial District Court, Parish of East Baton Rouge, No.
DC - 21- 01580.

BEFORE: McCLENDON, WELCH, AND LANIER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The trial court' s

June 25, 2024 ruling denying the State' s April 9, 2024 notice of
intent to use other crimes evidence to show motive is reversed.

Louisiana Code of Evidence article 404( B)( 1)( a) allows evidence of

other crimes, wrongs, or acts to be offered when the evidence shows
motive. However, "[ a] lthough relevant, evidence may be excluded if
its probative value is substantially outweighed by the danger of
unfair prejudice, confusion of the issues, or misleading the jury,
or by considerations of undue delay, or waste of time." La. Code
Evid. art. 403. In this case, the trial court abused its discretion
by finding the defendant' s January 18, 2021 arrest was more

prejudicial than probative. The evidence of the defendant' s
January 18, 2021 arrest for possession of drugs for which he blamed
one of the victims demonstrates the defendant' s motive for the
murder of that victim and her boyfriend in the instant case, and
therefore, is more probative than prejudicial. Accordingly, this
matter is remanded to the trial court for further proceedings

consistent with this ruling. With respect to the State' s July 1,
2024 notice of intent, the writ application is denied.

Lanier, J., dissents.

COURT OF APPEAL, FIRST CIRCUIT

14PJUT Y7 TY CLERK
FOR
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THE COURT