State v. Fortino, 807 So. 2d 827

Lead Opinion

In Re Fortino, Eugene; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. G, Nos. 01^4444; to the Court of Appeal, Fifth Circuit, No. 01-K-1364.

Denied.

CALOGERO, C.J., would grant the writ and assign reasons.

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Dissenting Opinion

CALOGERO, Chief Justice,

dissents from the writ denial.

I would grant this writ. Apparently, from the application, the trial judge made a pretrial ruling without hearing testimony, medical evidence, or examining police reports.

At the least, the trial judge should not let into evidence the eleven year old incident regarding defendant and a prior wife without some showing that it is relevant to demonstrate intent, knowledge, or system and otherwise complies with State v. Prieur, 277 So.2d 126 (La.1973).

Case Details

Case Name: State v. Fortino

Court Name: Supreme Court of Louisiana

Date Published: Jan 28, 2002

Citations: 807 So. 2d 827; 2002 WL 206400; 2002 La. LEXIS 442; No. 2002-KK-0277

Docket Number: No. 2002-KK-0277

Court Abbreviation: La.