State v. Fortino

• Citation: 807 So.2d 827
• Decision Date: 28 January 2002
• Docket Number: No. 2002-KK-0277.,2002-KK-0277.
• Court: Supreme Court of Louisiana
• Parties: STATE of Louisiana v. Eugene FORTINO.

807 So.2d 827

STATE of Louisiana v. Eugene FORTINO.

No. 2002-KK-0277.

Supreme Court of Louisiana.

January 28, 2002.

Denied.

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

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).