154 So. 3d 537
La.2014Background
- Defendant charged with simple burglary of an uninhabited dwelling; DNA from blood on a broken window linked him via CODIS.
- State sought to admit two prior burglary convictions as other-crimes evidence under LSA-C.E. art. 404(B) to prove specific intent.
- Trial court excluded the prior convictions; court of appeal denied the State’s writ application.
- State petitioned this Court for supervisory relief; the per curiam majority granted the writ, reversing the lower courts and remanding.
- The majority found the prior burglaries sufficiently similar (proximity, unoccupied homes, rear-entry, close timing) and probative of the required specific intent at entry.
- Dissent (Weimer, J.) would have granted and docketed for full briefing and oral argument, stressing Prieur principles and deference to trial-court fact-based rulings on prejudice and distinctiveness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two prior burglary convictions are admissible under LSA-C.E. art. 404(B) to prove specific intent in current simple-burglary prosecution | Prior convictions are independently relevant and probative of the element of specific intent (similar modus operandi, proximity in time and place) | Prior acts are not uniquely distinctive; trial court rightly found prejudice outweighs probative value and intent may not be a genuinely contested issue | Prior convictions admissible: State met its burden under 404(B); probative value outweighs unfair prejudice; lower courts’ exclusion reversed and case remanded |
Key Cases Cited
- State v. Prieur, 277 So.2d 126 (La. 1973) (establishes criteria for admissibility of other-crimes evidence)
- State v. Martin, 377 So.2d 259 (La. 1979) (other-crimes evidence must tend to prove a material fact or rebut a defense)
- State v. Galliano, 839 So.2d 932 (La. 2003) (State bears burden to prove defendant committed the other acts)
- State v. Germain, 433 So.2d 110 (La. 1983) (probative evidence excluded only when unduly and unfairly prejudicial)
- State v. Rose, 949 So.2d 1236 (La. 2007) (definition of unfair prejudice; risk of convicting for forbidden grounds)
- State v. Ortiz, 701 So.2d 922 (La. 1997) (simple burglary requires specific intent at moment of entry)
- State v. Lockhart, 438 So.2d 1089 (La. 1983) (intent at entry is element of burglary)
- State v. Lewis, 288 So.2d 348 (La. 1974) (similarity of prior acts can support admissibility)
- Old Chief v. United States, 519 U.S. 172 (1997) (unfair prejudice concept in evidence law)