92-K-0277 Precedential Processed

State v. Granier

Louisiana Supreme Court · Filed June 26, 1992 · 600 So. 2d 1334

Cited by

State v. Antoine 774 So. 2d 353 La. Ct. App. 3d Cir. 2000
State v. Powell 746 So. 2d 825 La. Ct. App. 4th Cir. 1999
State v. McClain 685 So. 2d 590 La. Ct. App. 4th Cir. 1996
State v. Williams 660 So. 2d 919 La. Ct. App. 4th Cir. 1995
State v. Payne 657 So. 2d 531 La. Ct. App. 1st Cir. 1995
State v. Giles 639 So. 2d 323 La. Ct. App. 4th Cir. 1994
State v. Green 634 So. 2d 503 La. Ct. App. 4th Cir. 1994
State v. Dabney 633 So. 2d 1369 La. Ct. App. 4th Cir. 1994
State v. Caldwell 616 So. 2d 713 La. Ct. App. 3d Cir. 1993

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Wille 559 So. 2d 1321

Opinion text

600 So.2d 1334 (1992) STATE of Louisiana v. Shawn L. GRANIER. No. 92-K-0277. Supreme Court of Louisiana. June 26, 1992. Denied. The result is correct. LEMMON, J., concurs. The judgment of the court of appeal, approving the admission of hearsay evidence of the informant's out-of-court assertion of defendant's criminal activity, cited State v. Wille, 559 So.2d 1321 (La.1990) for the exact opposite proposition to Wille's holding. An explanation of an officer's actions is almost never an acceptable basis for admitting an out-of-court declaration when the so-called explanation contains a direct assertion of criminal activity by the accused. State v. Hearold ___ So. ___ (La.1992) (No. 90-K-2094). The out-of-court statement, obviously offered to prove the truth of the matter asserted, should not have been admitted. Nevertheless, as in Wille , the error was harmless beyond a reasonable doubt.