Summary
The Louisiana Court of Appeal, First Circuit granted Jerome Lilly's supervisory writ and reversed the district court's ruling granting the State's motion in limine. The court held that Lilly showed good cause for failing to provide written notice of his intent to raise self-defense and that permitting the defense would not prejudice the State. The matter was remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the district court erred in granting the State's motion in limine and preventing Lilly from presenting a self-defense justification at trial when he had not timely filed written notice but showed good cause and the State had actual notice of his intent.
Holdings
- A criminal defendant may present a self-defense justification at trial when the defendant shows good cause for failing to file the required written notice, the failure was not a delay tactic prejudicing the State, and the State was already aware of the defendant's intent.
Key quotations
“A criminal defendant has the constitutional right to present a defense.”
“Furthermore, the purpose of Article 390 is to put the State on notice prior to trial of the defendant's intent to raise the justification of self-defense.”
Factual background
Lilly intended to raise the justification of self-defense at trial but did not file written notice of that intent within the required period. He demonstrated good cause for the late filing, and the record showed no indication that the delay was a tactic intended to prejudice the State. The State did not dispute that it was already aware of Lilly's intent to argue self-defense.
Procedural history
Lilly sought supervisory review of a ruling by the Twenty-Third Judicial District Court for the Parish of Ascension, docket number 46199. The court of appeal granted the writ, reversed the district court's ruling granting the State's motion in limine, and remanded for further proceedings.
Remand instructions
The matter was remanded for further proceedings consistent with the reversal of the district court's ruling granting the State's motion in limine.