State of Louisiana v. Derrick Jermaine Cotlong

Summary

The Louisiana Third Circuit Court of Appeal reversed Derrick Jermaine Cotlong’s conviction for second-offense violation of a protective order. The majority held that the evidence did not establish that Cotlong harassed or abused the protected child, or that he specifically intended to do so, when he went to her school and asked to see her. A dissent would have affirmed, concluding that his conduct willfully violated the order and caused significant psychological harm to the child.

Holdings

1. The evidence was insufficient to prove that Cotlong harassed N.C. in violation of the portion of the protective order that remained effective. Cotlong never saw or spoke to N.C., did not act in her presence, and did not intentionally communicate with her.
2. The evidence was insufficient to support an attempted violation because the State did not prove that Cotlong had the specific intent to harass N.C.
3. The assignments concerning the definition of harassment and admission of other-crimes evidence were moot because the conviction was reversed on sufficiency grounds.

Questions Presented

1. Whether the evidence was sufficient to prove that Cotlong willfully violated the protective order by harassing or abusing N.C.
2. Whether the evidence was sufficient to support the responsive verdict of attempted violation of a protective order.
3. Whether the trial court erred by refusing to instruct the jury on the definition of harassment.
4. Whether the trial court erred in admitting other-crimes, wrongs, or bad-acts evidence.

Disposition

reversed