State v. Colby, 244 So. 3d 1260

Victim Angela Godley (53) was found shot multiple times on Sept. 10, 2014; defendant Mark Colby, her live‑in romantic partner and tavern co‑worker, was indicted for second‑degree murder and convicted by a jury.
Crime scene detectives recovered a semi‑automatic Colt .45 (serial DR31076) and Hornady .45 casings; forensic ballistics matched the Colt to bullets recovered from the scene and victim.
Prior incidents: (1) 2011 domestic battery report by Godley (knife to throat), (2) 2006 incident where defendant fired a .45 in a tavern and put a gun to Robert Brocato’s head (conviction), (3) 2004 incident where defendant allegedly threatened and assaulted Summer Bailey with a gun, and (4) 2012 defendant retrieved the Colt .45 left at a gym from SPD custody (same serial number as murder weapon).
State gave a Prieur notice seeking admission of the prior acts to prove intent, plan, identity, motive, absence of accident, and modus operandi; trial court admitted all four categories of evidence after a hearing.
Defendant claimed self‑defense at trial; evidence also showed defendant fled to Mexico the day of the killing and had cash/gold in his truck; jury convicted and sentenced to life without parole.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Colby)	Held
Admissibility of prior "other crimes" (Prieur evidence)	Prior acts show intent, plan, identity, motive, absence of accident, and that Colt .45 belonged to defendant; probative value high	Evidence unfairly prejudicial, insufficiently similar, and state failed to prove relevance for three acts; Prieur hearing inadequate	Trial court did not abuse discretion; prior acts admissible and any error harmless given overwhelming evidence of guilt
Limiting jury instruction for other‑acts evidence	No special problem; state complied with Prieur and court ruled evidence admissible	Trial court failed to give limiting instruction, prejudicing jury	Defendant waived claim by failing to request/ object at trial; not reversible
Admission of crime‑lab certification re: DNA swabs	Certificate admissible under La. R.S. 15:499 if proper notice	Defense sought to admit certificate without 15:501 notice requirement; argued foundation unnecessary	Court sustained state objection; defendant failed to give required notice for certificate; exclusion harmless because swabs were unanalyzed and identity was not contested
Challenge for cause of juror Jimmy Moore	N/A	Moore had law‑enforcement background, heard "police talk," believed flight indicates guilt; should be excused; defendant exhausted peremptories	Trial court did not abuse discretion; Moore insisted he could be impartial and follow law; denial not reversible

State v. Prieur, 277 So.2d 126 (La. 1973) (notice and pretrial hearing requirement for other‑acts evidence)
Huddleston v. United States, 485 U.S. 681 (U.S. 1988) (gatekeeping balancing and relevancy standard for other‑acts evidence)
State v. Taylor, 217 So.3d 283 (La. 2016) (burden and sufficiency for proving other‑acts at Prieur hearing)
State v. Rose, 949 So.2d 1236 (La. 2007) (limits on admitting other crimes to show propensity)
State v. Welch, 615 So.2d 300 (La. 1993) (admissibility of prior domestic violence to show volatile relationship and context)
Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (definition of unfair prejudice and improper inference from prior bad acts)
State v. Galliano, 839 So.2d 932 (La. 2003) (state’s burden to prove other‑acts and harmless‑error review)