No. 92 KW 2026 Precedential Processed

State v. Carr

Louisiana Court of Appeal, First Circuit · Filed November 12, 1992 · 620 So. 2d 288

Also decided on this docket: La. Ct. App. 1st Cir., May 28, 1993 620 So. 2d 288

Cited by

State v. Nguyen 888 So. 2d 900 La. Ct. App. 5th Cir. 2004
State v. Winn 705 So. 2d 1271 La. Ct. App. 4th Cir. 1998
State v. Langley 680 So. 2d 717 La. Ct. App. 4th Cir. 1996

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Tucker 602 So. 2d 59
State v. Tucker 604 So. 2d 1320

Opinion text

WATKINS, CRAIN and FOGG, JJ. WRIT DENIED: We specifically disapprove of the language in State v. Tucker, 602 So.2d 59 (La.App. 1st Cir.), writ denied, 604 So.2d 1320 (La.1992), which indicates that hearsay is not admissible at a Prieur hearing for purposes of establishing by clear and convincing evidence that the accused committed the other crime(s); and we specifically overrule any such holding therein. See La.C.E. art. 104(A). Therefore, the district court properly considered the testimony of the Assistant District Attorney in the instant matter. We further find no merit to relator’s other arguments.