State of Louisiana Versus Roberto Lopez

STATE OF LOUISIANA NO. 24-K-398

VERSUS FIFTH CIRCUIT

ROBERTO LOPEZ COURT OF APPEAL

STATE OF LOUISIANA

August 26, 2024

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 21-5762

Panel composed of Judges Marc E. Johnson,
Scott U. Schlegel, and Timothy S. Marcel

WRIT GRANTED; RULING VACATED

Relator, the State of Louisiana, seeks review of the 24th Judicial District
Court’s August 26, 2024 ruling denying its Motion in Limine to exclude the
presentation of evidence of a subsequent accusation made by the victim that
another adult male in another jurisdiction committed crimes against the victim
involving inappropriate sexual conduct.

As a general rule, a party may attack the credibility of a witness
by examining him or her concerning any matter having a reasonable
tendency to disprove the truthfulness of his or her testimony. La. C.E.
art. 607(C). In cases involving sexually assaultive behavior, however,
La. C.E. art. 412 bars the introduction of evidence of the victim's past
sexual behavior, except under limited circumstances as set forth in the
Article. Nevertheless, the Louisiana Supreme Court has held that
Article 412 is “inapplicable in sexual assault cases where defendant
seeks to question witnesses regarding the victim's prior false
allegations concerning sexual behavior for impeachment purposes.”
State v. Smith, 98-2045 (La. 9/8/99), 743 So.2d 199, 203.

In considering a motion in limine seeking to admit or exclude
such evidence, the trial judge must evaluate the evidence presented to
“determine whether reasonable jurors could find, based on the
evidence presented by defendant, that the victim had made prior false
accusations.” Id. The Smith holding contemplates an evidentiary
hearing, at which the defendant introduces evidence to the trial court

for a determination as to whether that evidence may be admitted or
excluded under the applicable evidentiary rules.

State v. Eisert, 16-338 (La. App. 5 Cir. 6/14/16), 252 So.3d 987, 989, writ denied,
16-1134 (La. 6/17/16), 192 So.3d 764.

On the showing made, the writ application is granted. A review of the court
record reflects that an evidentiary hearing did not occur. Pursuant to Smith, supra,
the defendant is required to introduce evidence for the trial court to consider when
determining “whether reasonable jurors could find...that the victim had made prior
false accusations” before ruling on its admissibility. See Eisert, supra.
Accordingly, the district court’s ruling is vacated and the matter is remanded for an
evidentiary hearing.

Gretna, Louisiana, this 26th day of August, 2024.

MEJ
SUS
TSM

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
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL 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 08/26/2024 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:

24-K-398
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable E. Adrian Adams (DISTRICT JUDGE)
Anna L. Friedberg (Respondent) Thomas J. Butler (Relator)
Mark D. Plaisance (Respondent)
Darren A. Allemand (Relator)

MAILED
Remy V. Starns (Respondent) Marcus J. Plaisance (Respondent) Honorable Paul D. Connick, Jr. (Relator)
Attorney at Law Attorney at Law District Attorney
301 Main Street Post Office Box 1123 Twenty-Fourth Judicial District
Suite 700 Prairieville, LA 70769 200 Derbigny Street
Baton Rouge, LA 70825 Gretna, LA 70053