State of Louisiana Versus Shawn Briscoe and Lance McIntyre

STATE OF LOUISIANA NO. 22-K-532

VERSUS FIFTH CIRCUIT

SHAWN BRISCOE AND LANCE MCINTYRE COURT OF APPEAL

STATE OF LOUISIANA

November 18, 2022

Linda Wiseman
First Deputy Clerk

IN RE STATE OF LOUISIANA

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD L. FORET,
DIVISION "H", NUMBER 16-5524

Panel composed of Judges Fredericka Homberg Wicker,
Robert A. Chaisson, and John J. Molaison, Jr.

WRIT GRANTED IN PART; DENIED IN PART; STAY LIFTED

Relator, the State, seeks review of the trial court’s evidentiary ruling that a
recorded co-defendant’s jailhouse call could not be introduced without redactions.

We agree with the State that recorded inmate phone calls have been
considered non-testimonial in nature, as an exception to Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). This Court has previously
held such evidence to be admissible. See, State v. Massey, 11-357 (La. App. 5 Cir.
3/27/12), 91 So.3d 453, writ denied, 12-991 (La.9/21/12), 98 So.3d 332; State v.
Harris, 15-485 (La. App. 5 Cir. 4/13/16), 190 So.3d 466, 480-81, writ denied, 16-
0902 (La. 5/12/17), 220 So.3d 746. However, evidence may be excluded if its
probative value is substantially outweighed by the danger of unfair prejudice, or
confusion of the issues. La. C.E. art. 403. A trial court is vested with much
discretion in determining whether the probative value of relevant evidence is
substantially outweighed by its prejudicial effect. State v. White, 09-0025 (La.
App. 4 Cir. 9/16/09), 22 So.3d 197. A trial judge's determination regarding the
relevancy and admissibility of evidence will not be overturned on appeal absent a
clear abuse of discretion. State v. Francis, 98-811 (La. App. 5 Cir. 1/26/99), 727
So.2d 1235, 1237, writ denied, 99-0671 (La.6/25/99), 746 So.2d 597.

After a review of the complete recording, we do not find that the trial court
erred or otherwise abused its discretion in its ruling that it will only allow a
redacted version of the call to be played for the jury. From the record, it appears
that further redactions to the version submitted for our review will need to be
incorporated, removing any references to Defendant Briscoe’s attorney.
Accordingly, the State’s writ is denied in part.

22-K-532

We grant the writ, in part, upon finding that the probative value of portions
of the recorded phone call, wherein Defendant McIntyre discusses his and
Defendant Briscoe’s presence in the general vicinity of the crime and their purpose
for being in the area, in this instance, is not outweighed by the danger of unfair
prejudice, or confusion of the issues under La. C.E. 403. We reverse this portion
of the trial court’s ruling and hold that these specific portions should be
incorporated into the final version of the tape played for the jury.

We further lift the stay previously imposed in this matter.

Gretna, Louisiana, this 18th day of November, 2022.

JJM
FHW
RAC

2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
INTERIM CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 11/18/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

22-K-532
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald L. Foret (DISTRICT JUDGE)
Anna L. Friedberg (Respondent) Thomas J. Butler (Relator)
Darren A. Allemand (Relator)

MAILED
Anthony J. Angelette, Jr. (Respondent) Honorable Paul D. Connick, Jr. (Relator)
Attorney at Law District Attorney
401 Whitney Avenue Twenty-Fourth Judicial District
Suite 406 200 Derbigny Street
Gretna, LA 70053 Gretna, LA 70053