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 17, 2023

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 E. ADRIAN ADAMS,
DIVISION "G", NUMBER 22-209

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

WRIT GRANTED; STAY DENIED

This Court previously determined in writ 23-K-179 (La. App. 5th Cir. 4/7/23)
(unpublished disposition), that evidence of Vincent Goffner’s Instagram records,
Facebook records, iCloud records, and cell phone extraction are all admissible
pursuant to the provisions of La. C.E. art. 404(B). We noted in the prior
disposition that the State did not detail which specific pieces of evidence it would
seek to introduce at trial, but rather requested an in globo ruling that all the
evidence be deemed admissible.1 As part of our ruling, we remanded the matter
with instructions that, should the defendant re-urge this issue, the trial court would
require the State to identify specifically the items that it desires a res gestae/404(B)
ruling on in order that the trial court can properly rule as to each specific item.

Once again, we find that the defendant’s motion, the State’s in globo
evidence, and the trial court’s current ruling all lack the specificity that we
previously ordered on remand. Accordingly, the writ is granted and the trial
court’s ruling is vacated. Should the defendant re-urge this issue, we instruct that

1
We referred to the practice as a “document dump,” done with the expectation “that the trial court, defense counsel,
and now this Court could simply comb through the items to make appropriate objections to (in the case of defense
counsel) and appropriate rulings on admissibility (in the case of the trial court and this Court).”

the State must specifically identify 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), and that the trial court shall make a ruling on each identified
exhibit, specifically and individually.

Gretna, Louisiana, this 17th day of August, 2023.

JJM
SMC
MEJ

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
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GRETNA, LOUISIANA 70054 (504) 376-1400

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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)

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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

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