Writ application granted. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
Supreme Court of Louisiana October 04, 2023
10/04/23
SUPREME COURT OF LOUISIANA
No. 2023-KK-01332
STATE OF LOUISIANA
VS.
DONALD FRANKLIN
On Supervisory Writ to the 34th Judicial District Court, Parish of St. Bernard
PER CURIAM:
Writ granted. For the reasons provided by Judge Jenkins dissenting in the court of appeal, State v. Franklin, 23-636 (La. App. 4 Cir. 10/4/23) (unpubd), we find that the trial court abused its discretion in granting defendants motion in limine to exclude the statement he is alleged to have made to the victim to try to induce her cooperation. This evidence is integral to the criminal act charged. See generally State v. Taylor, 2001-1638 (La. 1/14/03), 838 So.2d 729. Defendant also failed to show that the probative value of this evidence is substantially outweighed by the danger of unfair prejudice. See La.C.E. art. 403. We reverse the trial courts ruling excluding this evidence and we deny defendants motion in limine. The matter is remanded for further proceedings. REVERSED AND REMANDED