State v. Howard, 106 So. 3d 1038

Howard assaulted Alyssa Balsamo in Swartz after confrontational contact following a breakup; Alyssa, Hannah Anderson, and Liz McEacharn were present; Howard is alleged to have choked, battered, and assaulted Alyssa and dragged Hannah during the incident; Alyssa suffered concussion and physical injuries; prior related domestic-violence incidents with Lora Wallace were admitted as 404B evidence under Prieur; trial included a Prieur hearing and the state sought to introduce 404B evidence to show a pattern of domestic violence; Howard was convicted of second degree battery (Alyssa) and simple battery (Hannah) and sentenced to consecutive terms (five years and six months) plus a lifelong restraining order; appellate review addresses admissibility of other crimes evidence, Brady material disclosure, continuance, and sentencing issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of other crimes evidence under 404 B	Howard argues 404 B was misapplied to prove propensity	State contends Wallace acts show pattern/plan and are admissible	Admissible as part of a pattern reducing propensity concern
Brady material nondisclosure	Howard alleges suppression of exculpatory statements by witnesses	State failed to supplement discovery; record inadequate to show prejudice	No reversible error on record; issue not preserved and record incomplete
Whether denial of continuance/recess to obtain witness Smith was error	Howard asserts counsel needed Smith for mitigating testimony	Court did not abuse discretion; notice and scheduling appropriate	No abuse of discretion; issue not reversible
Whether sentences are constitutionally excessive and consecutive	Howard claims maximums are excessive for a first felony; requests concurrent terms	Court properly considered history, gravity, and risk; consecutive terms justified	Consecutive maximum sentences not abusive; not a reversible error

State v. Prieur, 277 So.2d 126 (La. 1973) (admissibility framework for other crimes evidence; notice and hearing required)
State v. Rose, 949 So.2d 1243 (La. 2007) (approval of 404 B evidence to show pattern of violent conduct toward intimate partners)
State v. Germain, 433 So.2d 110 (La. 1983) (probative value versus prejudice under 403 in other crimes evidence)
Old Chief v. United States, 517 U.S. 172 (U.S. 1997) (limits of prior-conviction evidence and balancing prejudice)
State v. Galliano, 839 So.2d 932 (La. 2003) (burden to prove other-crimes acts; admissibility standards)
State v. Johnson, 664 So.2d 94 (La. 1995) (consecutive-sentence justification and discretion)
State v. Bobo, 77 So.3d 1202 (La. 2011) (disclosure and procedural irregularities in discovery)
State v. Roussel, 381 So.2d 796 (La. 1980) (preservation and timing of objections under articles 841 and 841 A)