State of Louisiana Versus Vincent Goffner, Jacorey Davis, and Malik Rodrigue

STATE OF LOUISIANA NO. 23-K-403

VERSUS FIFTH CIRCUIT

VINCENT GOFFNER, JACOREY DAVIS, COURT OF APPEAL
AND MALIK RODRIGUE
STATE OF LOUISIANA

August 18, 2023

Susan Buchholz
Chief Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Susan M. Chehardy,
Marc E. Johnson, and John J. Molaison, Jr.

DENIED WITH REASONS

JJM
SMC
MEJ

STATE OF LOUISIANA NO. 23-K-403

VERSUS FIFTH CIRCUIT

VINCENT GOFFNER, JACOREY COURT OF APPEAL
DAVIS, AND MALIK RODRIGUE
STATE OF LOUISIANA

REHEARING DENIED WITH REASONS

The State’s writ application in this matter specifically assigned as

error the trial court’s August 16, 2023 ruling that granted the defendant’s

motion to exclude evidence previously admitted as res gestae/404(B)

evidence on April 10, 2023. The State’s application, in our reading, did not

seek an untimely rehearing of our disposition in 23-K-179 (La. App. 5th Cir.

4/7/23), which was granted in the State’s favor, and which is also final and

definitive. Nor did the application seek a second review of the trial court’s

April 10, 2023 ruling, which would obviously be untimely under Uniform

Rules, Courts of Appeal, Rule 4-3.

To reiterate, the writ is granted and the trial court’s ruling of

August 16, 2023 is vacated. Should the defendant re-urge this issue, we

instruct that the State must perform the basic task of specifically identifying

the evidence it intends to introduce at trial. In turn, the defendant must

specify what evidence he seeks to exclude under La. C.E. art. 404(B)(i) and

(ii). Presented with identifiable exhibits and specific challenges thereto for

consideration, the trial court, as per customary procedure, shall make a

ruling on admissibility for each identified exhibit, specifically and

individually.

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
CORNELIUS E. REGAN, PRO TEM 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 08/18/2023 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:

23-K-403
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable E. Adrian Adams (DISTRICT JUDGE)
Gregory Q. Carter (Respondent) Thomas J. Butler (Relator)
Darren A. Allemand (Relator)

MAILED
Joseph L. Perez (Respondent) Honorable Paul D. Connick, Jr. (Relator)
Price Quenin (Respondent) District Attorney
Attorney at Law Twenty-Fourth Judicial District
848 Second Street 200 Derbigny Street
Third Floor Gretna, LA 70053
Gretna, LA 70053