Opinion
No. 2002-KK-0277
January 28, 2002.
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
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIFTH CIRCUIT, PARISH OF JEFFERSON.
Denied.
JPV
CDK
CDT
JLW
CALOGERO, C.J., would grant the writ and assign reasons.
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, 227 So.2d 126 (La. 1973).