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trial court’s ruling on the admissibility of evidence is reviewed","paragraphs":["para_618","para_619","para_620","para_621","para_622","para_623","para_624","para_625","para_626","para_627","para_628","para_629","para_630","para_631","para_632","para_633","para_634","para_635","para_636","para_637","para_638","para_639","para_640","para_641","para_642","para_643","para_644","para_645","para_646","para_647","para_648","para_649","para_650","para_651","para_652","para_653","para_654","para_655","para_656","para_657","para_658","para_659","para_660","para_661","para_662","para_663","para_664","para_665","para_666","para_667","para_668","para_669","para_670","para_671","para_672","para_673","para_674","para_675","para_676","para_677","para_678","para_679","para_680","para_681","para_682","para_683","para_684","para_685","para_686","para_687","para_688","para_689","para_690","para_691","para_692","para_693","para_694","para_695","para_696","para_697","para_698","para_699","para_700","para_701","para_702","para_703","para_704","para_705","para_706","para_707","para_708","para_709","para_710","para_711","para_712","para_713","para_714","para_715","para_716","para_717","para_718","para_719","para_720","para_721","para_722","para_723","para_724","para_725","para_726","para_727","para_728","para_729","para_730","para_731","para_732","para_733","para_734","para_735","para_736","para_737","para_738","para_739","para_740","para_741","para_742","para_743","para_744","para_745","para_746","para_747","para_748","para_749","para_750","para_751","para_752","para_753","para_754","para_755","para_756","para_757","para_758","para_759","para_760","para_761","para_762","para_763","para_764","para_765","para_766","para_767","para_768","para_769","para_770","para_771","para_772","para_773","para_774","para_775","para_776"],"kind":"assessment"}],"paragraphs":[{"text":"Judgment rendered August 26, 2026.","paragraph_id":"para_1"},{"text":"Application for rehearing may be filed","paragraph_id":"para_2"},{"text":"within the delay allowed by Art. 922,","paragraph_id":"para_3"},{"text":"La. C. Cr. P.","paragraph_id":"para_4"},{"text":"No. 56,982-KA","paragraph_id":"para_5"},{"text":"COURT OF APPEAL","paragraph_id":"para_6"},{"text":"SECOND CIRCUIT","paragraph_id":"para_7"},{"text":"STATE OF LOUISIANA","paragraph_id":"para_8"},{"text":"* * * * *","paragraph_id":"para_9"},{"text":"STATE OF LOUISIANA Appellee","paragraph_id":"para_10"},{"text":"Versus","paragraph_id":"para_11"},{"text":"DONALD DEWAYNE WHITE, II Appellant","paragraph_id":"para_12"},{"text":"* * * * *","paragraph_id":"para_13"},{"text":"Appealed from the","paragraph_id":"para_14"},{"text":"First Judicial District Court for the","paragraph_id":"para_15"},{"text":"Parish of Caddo, Louisiana","paragraph_id":"para_16"},{"text":"Trial Court No. 399,673","paragraph_id":"para_17"},{"text":"Honorable Donald E. Hathaway, Jr., Judge","paragraph_id":"para_18"},{"text":"* * * * *","paragraph_id":"para_19"},{"text":"LOUISIANA APPEALS AND Counsel for Appellant","paragraph_id":"para_20"},{"text":"WRIT SERVICE","paragraph_id":"para_21"},{"text":"By: Remy V. Starns","paragraph_id":"para_22"},{"text":"Justin C. Harrell","paragraph_id":"para_23"},{"text":"DONALD DEWAYNE WHITE, II Pro Se","paragraph_id":"para_24"},{"text":"JAMES E. STEWART, SR. Counsel for Appellee","paragraph_id":"para_25"},{"text":"District Attorney","paragraph_id":"para_26"},{"text":"JASON WAYNE WALTMAN","paragraph_id":"para_27"},{"text":"CHRISTOPHER BOWMAN","paragraph_id":"para_28"},{"text":"MARY J. ABLE","paragraph_id":"para_29"},{"text":"Assistant District Attorneys","paragraph_id":"para_30"},{"text":"* * * * *","paragraph_id":"para_31"},{"text":"Before PITMAN, STEPHENS, and ELLENDER, JJ.","paragraph_id":"para_32"},{"text":"STEPHENS, J.,","paragraph_id":"para_33"},{"text":"This criminal appeal arises out of the First Judicial District, the State","paragraph_id":"para_34"},{"text":"of Louisiana, the Honorable Donald E. Hathaway, Jr., Judge, presiding. The","paragraph_id":"para_35"},{"text":"defendant, Donald Dewayne White, II, was convicted as charged of two","paragraph_id":"para_36"},{"text":"counts of second degree murder and one count of attempted second degree","paragraph_id":"para_37"},{"text":"murder by a unanimous jury on September 10, 2025, and sentenced to two","paragraph_id":"para_38"},{"text":"consecutive life sentences for the second degree murders of Jasmine","paragraph_id":"para_39"},{"text":"Johnson, the mother of his three young children, and Jasmine’s mother, Joan","paragraph_id":"para_40"},{"text":"Johnson, and the maximum term of 50 years’ imprisonment for the","paragraph_id":"para_41"},{"text":"attempted second degree murder of Jasmine’s father, John Johnson. White","paragraph_id":"para_42"},{"text":"has appealed his convictions, urging that the trial court erred in allowing him","paragraph_id":"para_43"},{"text":"to represent himself and that his confrontation rights were violated by the","paragraph_id":"para_44"},{"text":"admission of other crimes and bad acts evidence in the form of hearsay","paragraph_id":"para_45"},{"text":"testimony. For the reasons set forth below, we affirm White’s convictions","paragraph_id":"para_46"},{"text":"and sentences.","paragraph_id":"para_47"},{"text":"FACTS/PROCEDURAL HISTORY","paragraph_id":"para_48"},{"text":"Early in the morning of January 14, 2024, Shreveport Police","paragraph_id":"para_49"},{"text":"Department officers were sent to 2715 Willis Street following a report of","paragraph_id":"para_50"},{"text":"multiple people having been shot. Corporal Johnny Clinton, a patrol officer,","paragraph_id":"para_51"},{"text":"testified that he was assigned to the Cooper Road area and was the first","paragraph_id":"para_52"},{"text":"officer to respond. Upon his arrival, Cpl. Clinton observed a female,","paragraph_id":"para_53"},{"text":"subsequently identified as Jasmine Johnson, in distress, lying on her side,","paragraph_id":"para_54"},{"text":"facedown in a nearby ditch. Jasmine’s clothes were bloody, and she was","paragraph_id":"para_55"},{"text":"unresponsive. Cpl. Clinton rolled Jasmine onto her back and began","paragraph_id":"para_56"},{"text":"administering chest compressions.","paragraph_id":"para_57"},{"text":"2","paragraph_id":"para_58"},{"text":"Officer Dustin Kennemer testified that he arrived on scene shortly","paragraph_id":"para_59","court_paragraph":2},{"text":"thereafter. With the assistance of Officers Joshua Kennemer and Collin","paragraph_id":"para_60"},{"text":"York, Ofc. D. Kennemer breached the front entrance to clear the residence.","paragraph_id":"para_61"},{"text":"Just inside the door to the left, Ofc. D. Kennemer saw a small child on a","paragraph_id":"para_62"},{"text":"couch, whom he removed and took outside. Ofc. J. Kennemer1 picked up a","paragraph_id":"para_63"},{"text":"second child from a bassinet and took that child from the home.2","paragraph_id":"para_64"},{"text":"Ofc. York proceeded to the primary bedroom where a second victim,","paragraph_id":"para_65"},{"text":"subsequently identified as Joan Johnson, was found on the floor. Ofc. York","paragraph_id":"para_66"},{"text":"began chest compressions on her. A third victim, John Johnson, was","paragraph_id":"para_67"},{"text":"wounded but responsive and was taken to the hospital for emergency","paragraph_id":"para_68"},{"text":"services. No suspects were found inside the residence. Jasmine was","paragraph_id":"para_69"},{"text":"pronounced dead at the scene. Joan was taken to the hospital but died","paragraph_id":"para_70"},{"text":"shortly thereafter. John was able to tell emergency responders that Jasmine’s","paragraph_id":"para_71"},{"text":"boyfriend Dewayne (White) came into the residence and shot them all. In a","paragraph_id":"para_72"},{"text":"statement made later at the hospital, John confirmed that White was the","paragraph_id":"para_73"},{"text":"shooter.","paragraph_id":"para_74"},{"text":"Based upon the information related by John, Officers located then","paragraph_id":"para_75"},{"text":"took White to the police station for a statement. Detective Taywania","paragraph_id":"para_76"},{"text":"Thomas took White’s statement after first informing him of his Miranda","paragraph_id":"para_77"},{"text":"rights. White related that he and Jasmine were Facetiming earlier that day.","paragraph_id":"para_78"},{"text":"They were arguing. According to White, he and Jasmine argued “regularly.”","paragraph_id":"para_79"},{"text":"White drove over to Jasmine’s house in his mother’s vehicle, a black Toyota","paragraph_id":"para_80"},{"text":"1 Officers D. Kennemer and J. Kennemer are brothers.","paragraph_id":"para_81"},{"text":"2 There were three children under the age of five in the home, none of whom had","paragraph_id":"para_82"},{"text":"been harmed. Their parents were Jasmine and White, who had been in a long-term","paragraph_id":"para_83"},{"text":"relationship but had not been together since November 2023, according to the testimony","paragraph_id":"para_84"},{"text":"of Jasmine’s first cousin Camron Johnson.","paragraph_id":"para_85"},{"text":"3","paragraph_id":"para_86"},{"text":"Camry, and forced his way inside the residence. White stated that he shot","paragraph_id":"para_87","court_paragraph":3},{"text":"Jasmine’s mother and father. Jasmine ran out of the house and jumped into","paragraph_id":"para_88"},{"text":"his mother’s car. White shot Jasmine, dragged her out of the car, then left.","paragraph_id":"para_89"},{"text":"White related to Det. Thomas that he couldn’t recall that anyone had","paragraph_id":"para_90"},{"text":"weapons except for him. He also told her that no one attempted to defend","paragraph_id":"para_91"},{"text":"themselves. White couldn’t recall whether his children were at the Johnson","paragraph_id":"para_92"},{"text":"home, what kind of gun he used, or what he did with the gun afterwards.","paragraph_id":"para_93"},{"text":"The black Camry was located at Angynettie Jefferson’s3 home on","paragraph_id":"para_94"},{"text":"Poinsettia Drive in Shreveport. Det. Thomas was able to see, even through","paragraph_id":"para_95"},{"text":"the windows, what appeared to be blood around the front passenger seat and","paragraph_id":"para_96"},{"text":"a bullet hole in the side of the center console. After warrants were secured,","paragraph_id":"para_97"},{"text":"White’s home and the vehicle were searched.4 There was blood on the","paragraph_id":"para_98"},{"text":"passenger seat and passenger door frame, and four bullet casings were found","paragraph_id":"para_99"},{"text":"on the passenger’s side of the vehicle. The defect in the center console","paragraph_id":"para_100"},{"text":"caused by a bullet was confirmed by Shreveport crime scene investigators.","paragraph_id":"para_101"},{"text":"A live round was found under the driver’s seat.5","paragraph_id":"para_102"},{"text":"Dr. James Traylor, a board-certified forensic pathologist and professor","paragraph_id":"para_103"},{"text":"of Clinical Pathology at Ochsner LSU, testified as an expert in forensic","paragraph_id":"para_104"},{"text":"pathology. According to Dr. Traylor, Jasmine’s cause of death was a","paragraph_id":"para_105"},{"text":"penetrating gunshot wound to the head which entered the right parietal skull","paragraph_id":"para_106"},{"text":"and caused “extensive damage to her brain.” Dr. Traylor stated that Jasmine","paragraph_id":"para_107"},{"text":"3 Ms. Jefferson is White’s mother.","paragraph_id":"para_108"},{"text":"4 Consent for the search was given by Ms. Jefferson, but the warrants were","paragraph_id":"para_109"},{"text":"secured in accordance with police procedure.","paragraph_id":"para_110"},{"text":"5 Numerous shell casings were collected from the Johnson home, and 18 live","paragraph_id":"para_111"},{"text":"rounds were found in a bedroom dresser drawer in White’s mother’s home which is","paragraph_id":"para_112"},{"text":"where he resided.","paragraph_id":"para_113"},{"text":"4","paragraph_id":"para_114"},{"text":"Johnson was shot five times, and the fatal wound entered her thigh,","paragraph_id":"para_115","court_paragraph":4},{"text":"lacerating the femoral artery and femoral vein, which caused her to bleed","paragraph_id":"para_116"},{"text":"out. Dr. Traylor opined that Jasmine could have survived “a few minutes”","paragraph_id":"para_117"},{"text":"before losing consciousness.","paragraph_id":"para_118"},{"text":"Phillip Stout, a forensic scientist with the Texas Department of Public","paragraph_id":"para_119"},{"text":"Safety, testified that he examined the casings and projectile evidence","paragraph_id":"para_120"},{"text":"submitted in this case. Stout’s analysis showed that there were two distinct","paragraph_id":"para_121"},{"text":"types of casings. Four shell casings recovered from outside the Johnson","paragraph_id":"para_122"},{"text":"home were brass 9mm cartridge cases “commonly associated with some","paragraph_id":"para_123"},{"text":"models of Glock pistols.” On the other hand, the casings recovered from","paragraph_id":"para_124"},{"text":"inside Mr. and Mrs. Johnson’s bedroom and from White’s vehicle were steel.","paragraph_id":"para_125"},{"text":"Stout stated that rifling from the steel casings was consistent with having","paragraph_id":"para_126"},{"text":"been fired from the same firearm, although there was insufficient evidence","paragraph_id":"para_127"},{"text":"from which to make a definitive conclusion. Stout did testify that the","paragraph_id":"para_128"},{"text":"projectile recovered from Joan’s body was “consistent with a 9-mm bullet","paragraph_id":"para_129"},{"text":"which had been fired from the barrel of a weapon rifled with a right twist”","paragraph_id":"para_130"},{"text":"and not the polygonal rifling associated with a Glock pistol. This finding is","paragraph_id":"para_131"},{"text":"in keeping with the prosecution’s theory that the brass casings from the front","paragraph_id":"para_132"},{"text":"yard were unrelated to the crime, likely fired from a Glock on New Year’s","paragraph_id":"para_133"},{"text":"Day, which was two weeks prior to the shooting, and that the steel casings","paragraph_id":"para_134"},{"text":"found inside the Johnson home and in White’s car had been fired by the","paragraph_id":"para_135"},{"text":"murder weapon (which was never recovered).","paragraph_id":"para_136"},{"text":"Jasmine’s father, John Johnson, was the only surviving shooting","paragraph_id":"para_137"},{"text":"victim. Johnson testified that he was 77 years old at the time of trial. On the","paragraph_id":"para_138"},{"text":"night of the incident, Johnson, his wife Joan, Jasmine, and the three","paragraph_id":"para_139"},{"text":"grandchildren were living at their home on Willis Street in Shreveport.","paragraph_id":"para_140"},{"text":"5","paragraph_id":"para_141"},{"text":"Johnson stated that Jasmine and White had a relationship, and White was the","paragraph_id":"para_142","court_paragraph":5},{"text":"father of Johnson’s three grandchildren. That night, Johnson had gone to","paragraph_id":"para_143"},{"text":"bed but was awakened by a noise. All of a sudden, he looked up to see his","paragraph_id":"para_144"},{"text":"wife “laying there by the bathroom door … bloody.” Johnson explained that","paragraph_id":"para_145"},{"text":"the bathroom door was at the foot of the bed, and his wife Joan was lying to","paragraph_id":"para_146"},{"text":"one side of the door. Johnson attempted to rise and get out of bed when he","paragraph_id":"para_147"},{"text":"saw White. “[H]e had a gun like this here. Pow. He shot me.” Johnson","paragraph_id":"para_148"},{"text":"testified that White was about four feet away from him when the shot was","paragraph_id":"para_149"},{"text":"fired. Johnson eventually managed to get to the living room, then made it","paragraph_id":"para_150"},{"text":"outside the house. He walked over to his neighbor Mary’s house where he","paragraph_id":"para_151"},{"text":"was able to call for help. Johnson testified that he was interviewed by police","paragraph_id":"para_152"},{"text":"while recovering at the hospital, and he pointed out White sitting in the","paragraph_id":"para_153"},{"text":"courtroom and identified him as the person who shot him.","paragraph_id":"para_154"},{"text":"White testified in his own defense. He stated that on the night of the","paragraph_id":"para_155"},{"text":"shooting, he went to the Willis Street address to “purchase firearms.”","paragraph_id":"para_156"},{"text":"According to White, he brought with him some ammunition wrapped in a","paragraph_id":"para_157"},{"text":"towel so he could test-fire the weapon before he bought it. White stated that","paragraph_id":"para_158"},{"text":"when he arrived, he entered the home with Jasmine’s consent and knowledge","paragraph_id":"para_159"},{"text":"and described a lighthearted scene—he was doing the “Pink Panther” theme","paragraph_id":"para_160"},{"text":"and making the Johnson family laugh because he likes playing a lot. When","paragraph_id":"para_161"},{"text":"he left the house to smoke a cigarette and relieve himself in a nearby field,","paragraph_id":"para_162"},{"text":"he heard gunshots. At first White believed the shots were “test rounds”","paragraph_id":"para_163"},{"text":"coming from a trench behind the property.","paragraph_id":"para_164"},{"text":"White stated that he grew concerned when he returned to the Johnson","paragraph_id":"para_165"},{"text":"residence and saw perforating gunshots on both sides of the trailer. He saw","paragraph_id":"para_166"},{"text":"two unknown men exit the home, one of whom he identified as “Donnie G.”","paragraph_id":"para_167"},{"text":"6","paragraph_id":"para_168"},{"text":"According to White, a wounded Jasmine ran out of the house screaming. He","paragraph_id":"para_169","court_paragraph":6},{"text":"tried to help her get into his car, but he was confronted by one of the","paragraph_id":"para_170"},{"text":"attackers. He then panicked and drove away, leaving Jasmine behind.","paragraph_id":"para_171"},{"text":"White stated that he went to his mother’s house on Poinsettia Street in the","paragraph_id":"para_172"},{"text":"Southern Hills neighborhood of Shreveport where he later called 9-1-1.","paragraph_id":"para_173"},{"text":"On cross-examination, White admitted to giving a recorded police","paragraph_id":"para_174"},{"text":"interview, which was played for the jury, in which he confessed to shooting","paragraph_id":"para_175"},{"text":"Jasmine, Joan, and John Johnson. White maintained at trial that the video","paragraph_id":"para_176"},{"text":"was “very edited” and that he was “overdosed on medication … scared …","paragraph_id":"para_177"},{"text":"and trying to tell them the truth.” He further told the jury that “I’m in a","paragraph_id":"para_178"},{"text":"matrix. I’m seeing things. I’m hearing things that’s not really there, and I’m","paragraph_id":"para_179"},{"text":"trying to tell [Det. Thomas] exactly what happened.”","paragraph_id":"para_180"},{"text":"Also introduced into evidence by the State was a recording of a","paragraph_id":"para_181"},{"text":"telephone call made by White to his mother from jail on the evening of","paragraph_id":"para_182"},{"text":"January 14, 2024, in which his mother stated, “I don’t understand what","paragraph_id":"para_183"},{"text":"happened. I guess I never will. It’s between you, her, and God. I know you","paragraph_id":"para_184"},{"text":"will never talk about it. Something triggered you to do that. We don’t know","paragraph_id":"para_185"},{"text":"what triggered it. Something triggered you to do that.” The prosecutor","paragraph_id":"para_186"},{"text":"pointed out that the recording reflected that White was silent in response to","paragraph_id":"para_187"},{"text":"his mother’s statements.","paragraph_id":"para_188"},{"text":"On April 24, 2024, White was charged by the Caddo Parish grand jury","paragraph_id":"para_189"},{"text":"with two counts of second degree murder and one count of attempted second","paragraph_id":"para_190"},{"text":"degree murder. On July 3, 2024, defense counsel made a motion for the","paragraph_id":"para_191"},{"text":"appointment of a sanity commission. The court-appointed evaluators","paragraph_id":"para_192"},{"text":"diagnosed White with schizoaffective disorder but found him competent and","paragraph_id":"para_193"},{"text":"able to assist in his own defense.","paragraph_id":"para_194"},{"text":"7","paragraph_id":"para_195"},{"text":"On August 28, 2025, the State filed a motion to admit the prior","paragraph_id":"para_196","court_paragraph":7},{"text":"statements by Jasmine under La. C.E. arts. 412.4 and 804(7)(A) and (B),","paragraph_id":"para_197"},{"text":"which allow such statements where the victim is absent or unavailable due to","paragraph_id":"para_198"},{"text":"the accused’s wrongdoing (forfeiture by wrongdoing). A hearing on the","paragraph_id":"para_199"},{"text":"motion was held on September 5, 2025. Prior to argument on the motion,","paragraph_id":"para_200"},{"text":"White waived his right to counsel and declared his intention to represent","paragraph_id":"para_201"},{"text":"himself. After a brief colloquy (including the trial judge asking the","paragraph_id":"para_202"},{"text":"defendant whether he was aware of the saying that a lawyer who chooses to","paragraph_id":"para_203"},{"text":"represent himself has a fool for a client), White was allowed to represent","paragraph_id":"para_204"},{"text":"himself and standby counsel was appointed. When asked to object to the","paragraph_id":"para_205"},{"text":"motion at issue, White attempted to argue the admissibility of his own","paragraph_id":"para_206"},{"text":"statement to police. The State’s motion was granted, and trial commenced","paragraph_id":"para_207"},{"text":"several days later on September 9, 2025.","paragraph_id":"para_208"},{"text":"White represented himself through jury selection and the State’s first","paragraph_id":"para_209"},{"text":"five witnesses. On the second day of trial, White’s court-appointed attorney,","paragraph_id":"para_210"},{"text":"who had been acting as standby counsel, resumed representation of the","paragraph_id":"para_211"},{"text":"defendant. As noted above, White took the stand and testified on his own","paragraph_id":"para_212"},{"text":"behalf. A unanimous jury found White guilty as charged on all three counts.","paragraph_id":"para_213"},{"text":"Post-verdict judgments for acquittal and new trial filed by White were","paragraph_id":"para_214"},{"text":"denied by the trial court on September 18, 2025. White was sentenced to","paragraph_id":"para_215"},{"text":"two consecutive life sentences on the second degree murder convictions and","paragraph_id":"para_216"},{"text":"the maximum term of 50 years on the attempted second degree murder","paragraph_id":"para_217"},{"text":"conviction on September 19, 2025. White has appealed his convictions,","paragraph_id":"para_218"},{"text":"urging two assignments of error.","paragraph_id":"para_219"},{"text":"8","paragraph_id":"para_220"},{"text":"DISCUSSION","paragraph_id":"para_221","court_paragraph":8},{"text":"(1) Whether the trial court erred in allowing the defendant, who","paragraph_id":"para_222"},{"text":"has a history of mental illness and was not being administered","paragraph_id":"para_223"},{"text":"his prescribed medications, to represent himself at trial.","paragraph_id":"para_224"},{"text":"The Defendant’s Argument","paragraph_id":"para_225"},{"text":"According to White, the trial court erred in allowing him to represent","paragraph_id":"para_226"},{"text":"himself at trial. White notified the trial court of his intent to waive counsel","paragraph_id":"para_227"},{"text":"and represent himself during the September 5, 2025, pre-trial hearing, only","paragraph_id":"para_228"},{"text":"four days before jury selection was to begin in this double homicide case.","paragraph_id":"para_229"},{"text":"The trial court questioned White as to his education and experience; White","paragraph_id":"para_230"},{"text":"replied that he had a high school diploma and worked occasionally as a","paragraph_id":"para_231"},{"text":"laborer. He also informed the trial court that he had been diagnosed with an","paragraph_id":"para_232"},{"text":"“outside condition” for which he had been prescribed several anti-psychotic","paragraph_id":"para_233"},{"text":"medications that he was not receiving during pre-trial custody due to the","paragraph_id":"para_234"},{"text":"Caddo Correctional Center’s internal policies.6","paragraph_id":"para_235"},{"text":"According to appellate counsel, the prescription and sudden","paragraph_id":"para_236"},{"text":"withdrawal of some of these medications calls into question White’s","paragraph_id":"para_237"},{"text":"competency to represent himself or his ability to knowingly and voluntarily","paragraph_id":"para_238"},{"text":"waive his right to counsel. The prescriptions White should have been taking","paragraph_id":"para_239"},{"text":"include treatment for significant anxiety, mood instability, depression, and","paragraph_id":"para_240"},{"text":"attention deficit disorder. Discontinuation of the medication (especially the","paragraph_id":"para_241"},{"text":"benzodiazepines) can cause withdrawal manifested by “severe anxiety,","paragraph_id":"para_242"},{"text":"impaired concentration, agitation, sleep disruption, and even a risk of","paragraph_id":"para_243"},{"text":"seizures and marked cognitive disorganization.” Counsel asserts that","paragraph_id":"para_244"},{"text":"White’s ability to think clearly, regulate impulses, as well as appreciate the","paragraph_id":"para_245"},{"text":"6 The medications counsel alleges that White was supposed to be taking were","paragraph_id":"para_246"},{"text":"Adderall, alprazolam, Celexa, Ativan, and Depakote.","paragraph_id":"para_247"},{"text":"9","paragraph_id":"para_248"},{"text":"consequences of self-representation were “materially compromised,” which","paragraph_id":"para_249","court_paragraph":9},{"text":"calls into question whether the waiver of counsel was knowing, intelligent,","paragraph_id":"para_250"},{"text":"and voluntary.","paragraph_id":"para_251"},{"text":"Counsel cites several examples of White’s erratic behavior from the","paragraph_id":"para_252"},{"text":"first day of testimony, irrational objections, an emotional breakdown, and an","paragraph_id":"para_253"},{"text":"incriminating cross-examination of the surviving victim, to illustrate that","paragraph_id":"para_254"},{"text":"White’s mental illness and medication withdrawal precluded his ability to","paragraph_id":"para_255"},{"text":"exercise his right to self-representation. The trial court should have been","paragraph_id":"para_256"},{"text":"warned when, during the colloquy, White told the judge that he was not","paragraph_id":"para_257"},{"text":"receiving his medications, he had an “outside condition,” and needed his","paragraph_id":"para_258"},{"text":"doctor and counselor present in the courtroom during trial. According to","paragraph_id":"para_259"},{"text":"counsel, the Faretta standard cannot be satisfied when a defendant, while","paragraph_id":"para_260"},{"text":"answering “yes” to questions during the colloquy, nonetheless discloses an","paragraph_id":"para_261"},{"text":"untreated psychiatric condition. The record shows that White’s waiver was","paragraph_id":"para_262"},{"text":"neither knowing nor intelligent, and for this reason, White’s conviction","paragraph_id":"para_263"},{"text":"cannot stand.","paragraph_id":"para_264"},{"text":"The State’s Argument","paragraph_id":"para_265"},{"text":"At a pre-trial hearing the week before trial, White advised the trial","paragraph_id":"para_266"},{"text":"court that he was choosing to exercise his right to waive counsel and","paragraph_id":"para_267"},{"text":"represent himself at trial. The trial court ascertained White’s age and","paragraph_id":"para_268"},{"text":"education and made sure he understood the charges against him and the","paragraph_id":"para_269"},{"text":"possible penalties. The trial court also inquired into White’s mental health","paragraph_id":"para_270"},{"text":"history, including whether he was taking any medications.7 The trial court","paragraph_id":"para_271"},{"text":"7 The State correctly points out that the only medications White had discontinued","paragraph_id":"para_272"},{"text":"that the trial court was made aware of at the time he waived counsel were his ADHD and","paragraph_id":"para_273"},{"text":"general anxiety medications.","paragraph_id":"para_274"},{"text":"10","paragraph_id":"para_275"},{"text":"further told the defendant of the pitfalls of self-representation and appointed","paragraph_id":"para_276","court_paragraph":10},{"text":"his public defender as standby counsel. The State contends that the record","paragraph_id":"para_277"},{"text":"contains nothing to show that White was incapable of making this choice","paragraph_id":"para_278"},{"text":"knowingly and voluntarily at the time he decided to exercise his right of self-","paragraph_id":"para_279"},{"text":"representation.","paragraph_id":"para_280"},{"text":"The State emphasizes that White’s difficulty in handling the trial, in","paragraph_id":"para_281"},{"text":"particular, his cross-examination of the victim John Johnson, and his","paragraph_id":"para_282"},{"text":"realization that self-representation was not helping his case, is not","paragraph_id":"para_283"},{"text":"determinative of his pre-trial competence to waive counsel. In other words,","paragraph_id":"para_284"},{"text":"White’s incompetence at self-representation in a second degree/attempted","paragraph_id":"para_285"},{"text":"second degree murder trial does not equal incompetence to waive his right to","paragraph_id":"para_286"},{"text":"counsel.","paragraph_id":"para_287"},{"text":"The State also urges that, notwithstanding White’s statement that his","paragraph_id":"para_288"},{"text":"ADHD and anxiety medications had been discontinued while he was in","paragraph_id":"para_289"},{"text":"CCC, during the Faretta colloquy, he exhibited a “calm and steady”","paragraph_id":"para_290"},{"text":"behavior and showed mental clarity regarding his understanding of the","paragraph_id":"para_291"},{"text":"circumstances, the charges he faced, the jury trial before him, and his desire","paragraph_id":"para_292"},{"text":"for self-representation. The State suggests that there was no overt indication","paragraph_id":"para_293"},{"text":"to the trial court at that time that any potential mental health issue was","paragraph_id":"para_294"},{"text":"affecting White’s competence to waive his right to counsel. “[A]t the point","paragraph_id":"para_295"},{"text":"in the trial where White’s mental/emotional state began impairing his self-","paragraph_id":"para_296"},{"text":"representation and White became aware that his self-representation was not","paragraph_id":"para_297"},{"text":"effective, he requested that standby counsel resume his role as defense","paragraph_id":"para_298"},{"text":"counsel for the remainder of the trial.”","paragraph_id":"para_299"},{"text":"11","paragraph_id":"para_300"},{"text":"Analysis","paragraph_id":"para_301","court_paragraph":11},{"text":"The Sixth Amendment to the United States Constitution and Article I,","paragraph_id":"para_302"},{"text":"§ 13 of the Louisiana Constitution give a defendant the right to counsel as","paragraph_id":"para_303"},{"text":"well as the right to defend himself. A defendant may represent himself only","paragraph_id":"para_304"},{"text":"if he makes an unequivocal request to represent himself and knowingly and","paragraph_id":"para_305"},{"text":"intelligently waives his right to counsel. Faretta v. California, 422 U.S. 806,","paragraph_id":"para_306"},{"text":"95 S. Ct. 2525, 45 L. Ed. 2d 562 (1975); State v. Bell, 09-0199 (La.","paragraph_id":"para_307"},{"text":"11/30/10), 53 So. 3d 437, cert. denied, 564 U.S. 1025, 131 S. Ct. 3035, 180","paragraph_id":"para_308"},{"text":"L. Ed. 2d 856 (2011); State v. Edwards, 54,055 (La. App. 2 Cir. 9/22/21),","paragraph_id":"para_309"},{"text":"327 So. 3d 1079.","paragraph_id":"para_310"},{"text":"The trial court should inform the defendant of the dangers and","paragraph_id":"para_311"},{"text":"disadvantages of self-representation so that the record will establish that “he","paragraph_id":"para_312"},{"text":"knows what he is doing, and his choice is made with his eyes wide open.”","paragraph_id":"para_313"},{"text":"Faretta, 422 U.S. at 835, 95 S. Ct. at 2541, citing Adams v. United States ex","paragraph_id":"para_314"},{"text":"rel. McCann, 317 U.S. 269, 279, 63 S. Ct. 236, 242, 87 L. Ed. 268 (1942);","paragraph_id":"para_315"},{"text":"State v. Edwards, supra. Once the defendant has made an unequivocal","paragraph_id":"para_316"},{"text":"request to represent himself, the trial court must determine whether he did so","paragraph_id":"para_317"},{"text":"knowingly and intelligently with full understanding of the risks and possible","paragraph_id":"para_318"},{"text":"consequences. State v. Bell, supra; State v. Edwards, supra.","paragraph_id":"para_319"},{"text":"The decision to waive counsel does not require a higher level of","paragraph_id":"para_320"},{"text":"mental functioning than the decision to waive other constitutional rights.","paragraph_id":"para_321"},{"text":"Godinez v. Moran, 509 U.S. 389, 399, 113 S. Ct. 2680, 2686, 125 L. Ed. 2d","paragraph_id":"para_322"},{"text":"321 (1993). The competence that is required of a defendant seeking to","paragraph_id":"para_323"},{"text":"waive his right to counsel is the competence to waive the right, not the","paragraph_id":"para_324"},{"text":"competence to represent himself. Id.; State v. Edwards, supra.","paragraph_id":"para_325"},{"text":"12","paragraph_id":"para_326"},{"text":"Furthermore, a criminal defendant’s ability to represent himself has no","paragraph_id":"para_327","court_paragraph":12},{"text":"bearing upon his competence to choose self-representation. Godinez, 509","paragraph_id":"para_328"},{"text":"U.S. at 400, 113 S. Ct. at 2687.","paragraph_id":"para_329"},{"text":"Hybrid representation involves the appointment of standby counsel","paragraph_id":"para_330"},{"text":"and it allows a defendant the right to defend himself as co-counsel while","paragraph_id":"para_331"},{"text":"standby counsel is available to explain and enforce the basic courtroom rules","paragraph_id":"para_332"},{"text":"or to take over the defense of the accused, should the defendant decide to re-","paragraph_id":"para_333"},{"text":"exercise his right to counsel at some point in the proceedings. State v.","paragraph_id":"para_334"},{"text":"Brown, 03-0897 (La. 4/12/05), 907 So. 2d 1, cert. denied, 547 U.S. 1022,","paragraph_id":"para_335"},{"text":"126 S. Ct. 1569, 164 L. Ed. 2d 305 (2006). A trial court has the discretion to","paragraph_id":"para_336"},{"text":"appoint a standby counsel to aid the accused if and when the accused","paragraph_id":"para_337"},{"text":"requests help, and to be available to represent him should termination of the","paragraph_id":"para_338"},{"text":"defendant’s self-representation be necessary. Faretta, 422 U.S. at 834, n. 46,","paragraph_id":"para_339"},{"text":"95 S. Ct. at 2541; State v. Mathieu, 10-2421, p. 6 (La. 7/1/11), 68 So. 3d","paragraph_id":"para_340"},{"text":"1015, 101; State v. Bell, supra; State v. Cornelison, 55,957, pp. 12-13 (La.","paragraph_id":"para_341"},{"text":"App. 2 Cir. 11/20/24), 401 So. 3d 918, 926-27. The appointment of co-","paragraph_id":"para_342"},{"text":"counsel for an accused who opts to represent himself is not mandatory but is","paragraph_id":"para_343"},{"text":"within the discretion of the trial court. State v. Bell, supra.","paragraph_id":"para_344"},{"text":"A defendant who chooses to represent himself may not complain on","paragraph_id":"para_345"},{"text":"appeal that his self-representation was inadequate. Faretta, supra; State v.","paragraph_id":"para_346"},{"text":"Bell, supra. The propriety of allowing a defendant to elect self-","paragraph_id":"para_347"},{"text":"representation shall not be judged by what happens in the subsequent course","paragraph_id":"para_348"},{"text":"of that representation. Instead, it is the record made in recognizing the","paragraph_id":"para_349"},{"text":"waiver that controls. State v. Strain, 585 So. 2d 540, 542 (La. 1991); State v.","paragraph_id":"para_350"},{"text":"Moore, 40,311 (La. App. 2 Cir. 1/13/06), 920 So. 2d 334, writ denied, 06-","paragraph_id":"para_351"},{"text":"2267 (La. 6/1/07), 957 So. 2d 167.","paragraph_id":"para_352"},{"text":"13","paragraph_id":"para_353"},{"text":"Whether a defendant has knowingly, intelligently, and unequivocally","paragraph_id":"para_354","court_paragraph":13},{"text":"asserted the right to self-representation must be determined on a case-by-","paragraph_id":"para_355"},{"text":"case basis, considering the facts and circumstances of each case, including","paragraph_id":"para_356"},{"text":"the background, experience, and conduct of the accused. State v. Strain,","paragraph_id":"para_357"},{"text":"supra.; State v. Leger, 05-0011 (La. 7/10/06), 936 So. 2d 108, cert. denied,","paragraph_id":"para_358"},{"text":"549 U.S. 1221, 127 S. Ct. 1279, 167 L. Ed. 2d 100 (2007); State v.","paragraph_id":"para_359"},{"text":"Cornelison, supra; State v. Edwards, supra. There must be a showing of a","paragraph_id":"para_360"},{"text":"clear abuse of discretion for a trial court’s ruling on a defendant’s right to","paragraph_id":"para_361"},{"text":"counsel to be upset, as the trial court has the opportunity to observe the","paragraph_id":"para_362"},{"text":"defendant in court appearances and become familiar with him. State v.","paragraph_id":"para_363"},{"text":"Cornelison, 55,957 at 16, 401 So. 3d at 930, citing State v. Holley, 53,405, p.","paragraph_id":"para_364"},{"text":"12 (La. App. 2 Cir. 4/22/20), 297 So. 3d 180, 188, writ denied, 20-00923","paragraph_id":"para_365"},{"text":"(La. 11/10/20), 303 So. 3d 1036.","paragraph_id":"para_366"},{"text":"Although there is no particular formula which must be followed by","paragraph_id":"para_367"},{"text":"the trial court to determine whether a defendant has validly waived his right","paragraph_id":"para_368"},{"text":"to counsel, State v. Carpenter, 390 So. 2d 1296 (La. 1980), a trial judge, in","paragraph_id":"para_369"},{"text":"accepting a waiver of counsel at trial, should advise the accused of the","paragraph_id":"para_370"},{"text":"nature of the charges and the penalty range, inquire into the accused’s age,","paragraph_id":"para_371"},{"text":"education, and mental condition, and determine according to the totality of","paragraph_id":"para_372"},{"text":"the circumstances whether the accused understands the significance of the","paragraph_id":"para_373"},{"text":"waiver. State v. Strain, supra; State v. Edwards, supra. “The Constitution","paragraph_id":"para_374"},{"text":"does not force a lawyer upon a defendant. What is required is that the","paragraph_id":"para_375"},{"text":"accused knows what he is doing and that his choice was made with eyes","paragraph_id":"para_376"},{"text":"open.” Johnson v. Zerbst, 304 U.S. 458, 468-69, 58 S. Ct. 1019, 1024, 82 L.","paragraph_id":"para_377"},{"text":"Ed. 1461 (1938).","paragraph_id":"para_378"},{"text":"14","paragraph_id":"para_379"},{"text":"At the pre-trial hearing held on September 4, 2025, the week before","paragraph_id":"para_380","court_paragraph":14},{"text":"trial, White informed the trial judge that he wanted to waive his right to","paragraph_id":"para_381"},{"text":"counsel and represent himself. The same trial judge considered and ruled","paragraph_id":"para_382"},{"text":"upon White’s motion for appointment of a sanity commission at a hearing,","paragraph_id":"para_383"},{"text":"which was held on September 30, 2024. Both mental health experts","paragraph_id":"para_384"},{"text":"appointed by the trial court to examine the defendant specifically opined that","paragraph_id":"para_385"},{"text":"he was capable of understanding the nature of the proceedings and able to","paragraph_id":"para_386"},{"text":"assist in his defense. Dr. Jennifer Russell noted that White, who was","paragraph_id":"para_387"},{"text":"incarcerated at the time of both evaluations, was not taking his prescribed","paragraph_id":"para_388"},{"text":"ADHD medication and that “any attentional problems were not of sufficient","paragraph_id":"para_389"},{"text":"severity as to interfere with his competency-related abilities during this","paragraph_id":"para_390"},{"text":"evaluation.”","paragraph_id":"para_391"},{"text":"The trial judge had this information regarding White’s mental health,","paragraph_id":"para_392"},{"text":"as well as what he gleaned during the colloquy with White at the motions","paragraph_id":"para_393"},{"text":"hearing. The trial court first determined the defendant’s age and education","paragraph_id":"para_394"},{"text":"level before then inquiring about his mental health history. The defendant","paragraph_id":"para_395"},{"text":"acknowledged that he had been diagnosed with mental health issues and he","paragraph_id":"para_396"},{"text":"reminded the judge about the earlier determination by the sanity commission","paragraph_id":"para_397"},{"text":"that he was competent enough for trial. The judge asked White whether he","paragraph_id":"para_398"},{"text":"was supposed to be taking medication, and he related that the ones he was","paragraph_id":"para_399"},{"text":"supposed to be taking were Adderall, an extended release alprazolam","paragraph_id":"para_400"},{"text":"(Xanax), and another alprazolam-type medication. However, White told the","paragraph_id":"para_401"},{"text":"trial court that he was not taking the prescribed medications in jail because","paragraph_id":"para_402"},{"text":"Caddo Corrections said it was too addictive.","paragraph_id":"para_403"},{"text":"The trial court then explained to White that self-representation was","paragraph_id":"para_404"},{"text":"unwise and could be dangerous, especially since the defendant would be","paragraph_id":"para_405"},{"text":"15","paragraph_id":"para_406"},{"text":"required to follow Louisiana’s Evidence Code and Code of Criminal","paragraph_id":"para_407","court_paragraph":15},{"text":"Procedure. The judge further explained to White that, as his own attorney,","paragraph_id":"para_408"},{"text":"regardless of the outcome, he could not claim ineffective assistance of","paragraph_id":"para_409"},{"text":"counsel. The defendant indicated his understanding that he would not be","paragraph_id":"para_410"},{"text":"given any special treatment as a non-lawyer. White also acknowledged that","paragraph_id":"para_411"},{"text":"he understood the charges against him (the current ones as well as the","paragraph_id":"para_412"},{"text":"pending domestic ones) as well as the possible penalties. Although White","paragraph_id":"para_413"},{"text":"told the trial judge that he didn’t want to allow his current counsel to","paragraph_id":"para_414"},{"text":"continue to represent him on a temporary basis, the court granted the State’s","paragraph_id":"para_415"},{"text":"motion that White’s attorney be appointed as standby counsel. The judge","paragraph_id":"para_416"},{"text":"explained to White that this was necessary “to relieve the trial court of the","paragraph_id":"para_417"},{"text":"necessity of constantly explaining and enforcing the basic rules of courtroom","paragraph_id":"para_418"},{"text":"procedure and to assist you in overcoming routine obstacles during the","paragraph_id":"para_419"},{"text":"preparation and trial.”","paragraph_id":"para_420"},{"text":"There is no abuse of the trial court’s discretion in this case. As noted","paragraph_id":"para_421"},{"text":"above, White’s ultimate handling of his defense at trial and difficulties with","paragraph_id":"para_422"},{"text":"evidentiary and trial procedures as proof of his mental capacity or lack","paragraph_id":"para_423"},{"text":"thereof do not factor in this Court’s after-the-fact determination of whether","paragraph_id":"para_424"},{"text":"White was competent to waive his right to counsel and elect self-","paragraph_id":"para_425"},{"text":"representation before trial. The record shows that White’s trial proceeded in","paragraph_id":"para_426"},{"text":"an orderly fashion notwithstanding his emotional breakdown while he was","paragraph_id":"para_427"},{"text":"cross-examining John Johnson. In fact, White had the mental acuity at that","paragraph_id":"para_428"},{"text":"time to realize the ineffectiveness of self-representation and wisely chose to","paragraph_id":"para_429"},{"text":"have standby counsel resume his role as trial counsel. In a case involving a","paragraph_id":"para_430"},{"text":"defendant with a prior medical health history such that appointment of a","paragraph_id":"para_431"},{"text":"sanity commission for evaluation of the accused’s mental state to proceed to","paragraph_id":"para_432"},{"text":"16","paragraph_id":"para_433"},{"text":"trial and assist in his defense is warranted, standby counsel is beneficial to","paragraph_id":"para_434","court_paragraph":16},{"text":"ensure that a defendant’s Constitutional right to counsel is protected while","paragraph_id":"para_435"},{"text":"balancing his right to self-representation. See, State v. Cornelison, supra.","paragraph_id":"para_436"},{"text":"This assignment of error is without merit.","paragraph_id":"para_437"},{"text":"(2) Whether the defendant’s rights under the Confrontation","paragraph_id":"para_438"},{"text":"Clause were violated by the presentation of testimonial","paragraph_id":"para_439"},{"text":"hearsay statements of other crimes and “bad acts” by a","paragraph_id":"para_440"},{"text":"deceased witness per the doctrine of forfeiture by wrongdoing.","paragraph_id":"para_441"},{"text":"The Defendant’s Argument","paragraph_id":"para_442"},{"text":"Defense counsel asserts that White’s confrontation rights under the","paragraph_id":"para_443"},{"text":"U.S. and Louisiana Constitutions were flagrantly violated by the admission","paragraph_id":"para_444"},{"text":"of testimonial hearsay statements regarding alleged other crime evidence","paragraph_id":"para_445"},{"text":"admitted through an unusual source—the videotaped statements of the","paragraph_id":"para_446"},{"text":"deceased victim Jasmine Johnson. On or about August 26, 2023, Jasmine","paragraph_id":"para_447"},{"text":"reported a domestic violence incident wherein White allegedly drove her","paragraph_id":"para_448"},{"text":"vehicle off the roadway and struck her repeatedly after she got out of the car","paragraph_id":"para_449"},{"text":"and ran into a nearby field. Jasmine reported the incident to law","paragraph_id":"para_450"},{"text":"enforcement, and SPD Sgt. Jennie Brooks took Jasmine’s videotaped","paragraph_id":"para_451"},{"text":"statement. Two years later, on September 4, 2025, on the same day of (but","paragraph_id":"para_452"},{"text":"prior to) White’s waiver of counsel, the State moved to admit this taped","paragraph_id":"para_453"},{"text":"statement into evidence, relying upon the forfeiture by wrongdoing","paragraph_id":"para_454"},{"text":"provision of La. C.E. art. 804.","paragraph_id":"para_455"},{"text":"The link between the defendant’s actions and the victim’s","paragraph_id":"para_456"},{"text":"unavailability may be established when “a defendant puts forward to a","paragraph_id":"para_457"},{"text":"witness the idea to avoid testifying, either by threats, coercion, persuasion,","paragraph_id":"para_458"},{"text":"or pressure.” State v. Aguilar, 15-1230, p. 2 (La. 9/18/15), 181 So. 3d 649,","paragraph_id":"para_459"},{"text":"650. See also, Giles v. California, 554 U.S. 353, 128 S. Ct. 2678, 171 L. Ed.","paragraph_id":"para_460"},{"text":"17","paragraph_id":"para_461"},{"text":"2d 488 (2008), in which the Supreme Court held that this exception applies","paragraph_id":"para_462","court_paragraph":17},{"text":"only if the defendant has in mind the particular purpose of making the","paragraph_id":"para_463"},{"text":"witness unavailable. Counsel argues that Giles is right on point—evidence","paragraph_id":"para_464"},{"text":"of a prior altercation, even when coupled with a later homicide—does not","paragraph_id":"para_465"},{"text":"establish forfeiture absent proof that the charged conduct was undertaken for","paragraph_id":"para_466"},{"text":"the purpose of silencing the victim as a witness.","paragraph_id":"para_467"},{"text":"In the instant case, the State offered no evidence linking the homicide","paragraph_id":"para_468"},{"text":"to any effort by White to prevent Jasmine from testifying about the earlier","paragraph_id":"para_469"},{"text":"incident, argues counsel. Therefore, Giles precludes application of the","paragraph_id":"para_470"},{"text":"forfeiture doctrine and the trial court erred in allowing this hearsay","paragraph_id":"para_471"},{"text":"testimony into evidence against an unrepresented “likely mentally infirm”","paragraph_id":"para_472"},{"text":"defendant, contends appellate counsel. The State only mentioned the articles","paragraph_id":"para_473"},{"text":"supporting its motion but no facts, and the trial court made no further","paragraph_id":"para_474"},{"text":"inquiry.","paragraph_id":"para_475"},{"text":"Counsel claims that admission of Jasmine’s videotaped statements","paragraph_id":"para_476"},{"text":"was “constitutional error of the first magnitude” given that the State’s entire","paragraph_id":"para_477"},{"text":"argument for forfeiture rested on the bare fact that Jasmine was dead, and","paragraph_id":"para_478"},{"text":"White was charged with killing her. There is no evidence to support the trial","paragraph_id":"para_479"},{"text":"court’s finding, which was made without an independent analysis in support","paragraph_id":"para_480"},{"text":"thereof. Jasmine’s statement was testimonial—it was a formal recorded","paragraph_id":"para_481"},{"text":"account given to officers to document White’s criminal conduct, and its","paragraph_id":"para_482"},{"text":"admission with no opportunity for cross-examination violated the","paragraph_id":"para_483"},{"text":"defendant’s Sixth Amendment right to confrontation of his accuser.","paragraph_id":"para_484"},{"text":"“[B]ecause the jury heard Jasmine’s own voice describing White as","paragraph_id":"para_485"},{"text":"dangerous and violent, this Court cannot find the error harmless beyond a","paragraph_id":"para_486"},{"text":"reasonable doubt.”","paragraph_id":"para_487"},{"text":"18","paragraph_id":"para_488"},{"text":"White asks this Court to reverse his convictions “on all counts” and","paragraph_id":"para_489","court_paragraph":18},{"text":"remand the matter to the trial court for a new trial.","paragraph_id":"para_490"},{"text":"The State’s Argument","paragraph_id":"para_491"},{"text":"According to the State, the record supports a finding of forfeiture by","paragraph_id":"para_492"},{"text":"wrongdoing warranting the admission of Jasmine’s prior statement to","paragraph_id":"para_493"},{"text":"officers in the domestic violence incident that preceded the instant","paragraph_id":"para_494"},{"text":"homicides and attempted homicide. The statement, which was videotaped,","paragraph_id":"para_495"},{"text":"was made by Jasmine to the SPD detective assigned to investigate a","paragraph_id":"para_496"},{"text":"domestic abuse incident that occurred on August 26, 2023, approximately","paragraph_id":"para_497"},{"text":"three months prior to Jasmine’s murder.","paragraph_id":"para_498"},{"text":"In the instant case, at the September 4, 2025, pre-trial hearing, White,","paragraph_id":"para_499"},{"text":"representing himself, objected to the admission of Jasmine’s prior statement","paragraph_id":"para_500"},{"text":"on the grounds that he had filed a “404 motion.” However, the clerk of court","paragraph_id":"para_501"},{"text":"could not locate any such motion filed by either White or his attorney, and","paragraph_id":"para_502"},{"text":"the trial court granted the State’s motion, finding Jasmine’s recorded","paragraph_id":"para_503"},{"text":"statement to be admissible.","paragraph_id":"para_504"},{"text":"The circumstances leading to the prior statement of Jasmine were","paragraph_id":"para_505"},{"text":"introduced at trial through the testimony of Sgt. Brooks, who told the jury","paragraph_id":"para_506"},{"text":"that a domestic abuse situation had been reported to an Officer Williams","paragraph_id":"para_507"},{"text":"with the SPD on August 26, 2023, by Jasmine Johnson. According to","paragraph_id":"para_508"},{"text":"Jasmine, White, her ex-boyfriend, had struck her vehicle with his, causing","paragraph_id":"para_509"},{"text":"her to run off the road into a field. White then dragged Jasmine from her car","paragraph_id":"para_510"},{"text":"and slammed her into the ground before striking her in the head with a pistol","paragraph_id":"para_511"},{"text":"and threatening to kill her. Sgt. Brooks stated that she had interviewed","paragraph_id":"para_512"},{"text":"Jasmine at the hospital and that this interview was recorded. A portion of","paragraph_id":"para_513"},{"text":"19","paragraph_id":"para_514"},{"text":"Jasmine’s interview was played for the jury over a contemporaneous","paragraph_id":"para_515","court_paragraph":19},{"text":"objection made by White.","paragraph_id":"para_516"},{"text":"White’s appellate attorney asserts that his confrontation rights were","paragraph_id":"para_517"},{"text":"violated and that admission of the statement was erroneous because the State","paragraph_id":"para_518"},{"text":"failed to show that any wrongdoing by White was intended to prevent","paragraph_id":"para_519"},{"text":"Jasmine from testifying.","paragraph_id":"para_520"},{"text":"The State relies on State v. Aguilar, supra, in which the Louisiana","paragraph_id":"para_521"},{"text":"Supreme Court held that the applicable code articles do not require that the","paragraph_id":"para_522"},{"text":"defendant engage in violence or employ threats of physical violence to cause","paragraph_id":"para_523"},{"text":"fear in the victim in order to procure the witness’s unavailability. Id.","paragraph_id":"para_524"},{"text":"Instead, the link between the defendant’s actions and the victim’s","paragraph_id":"para_525"},{"text":"unavailability can be established when a defendant “puts forward” to a","paragraph_id":"para_526"},{"text":"witness the idea to avoid testifying, either by threats, coercion, persuasion,","paragraph_id":"para_527"},{"text":"or pressure. Id. According to the State, in State v. Aguilar, supra, the","paragraph_id":"para_528"},{"text":"Louisiana Supreme Court found that the defendant’s violation of a protective","paragraph_id":"para_529"},{"text":"order and repeated suggestions and encouragement of the victims to recant","paragraph_id":"para_530"},{"text":"their statements was sufficient “persistent contact” to warrant application of","paragraph_id":"para_531"},{"text":"the forfeiture by wrongdoing exception. “Because the witnesses’","paragraph_id":"para_532"},{"text":"unavailability is a logical outgrowth of the defendant’s actions in this","paragraph_id":"para_533"},{"text":"domestic violence case, the forfeiture by wrongdoing doctrine is properly","paragraph_id":"para_534"},{"text":"applied.” Id.","paragraph_id":"para_535"},{"text":"The State argues that there was no abuse of the trial court’s discretion","paragraph_id":"para_536"},{"text":"in its admission of Jasmine’s recorded statement as the forfeiture by","paragraph_id":"para_537"},{"text":"wrongdoing doctrine was properly applied. However, if the trial court erred","paragraph_id":"para_538"},{"text":"in allowing the statement into evidence, this error was harmless. See,","paragraph_id":"para_539"},{"text":"Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. 2d 705 (1967);","paragraph_id":"para_540"},{"text":"20","paragraph_id":"para_541"},{"text":"Sullivan v. Louisiana, 508 U.S. 275, 113 S. Ct. 2078, 124 L. Ed. 2d 182","paragraph_id":"para_542","court_paragraph":20},{"text":"(1993); and, State v. Johnson, 94-1379 (La. 11/27/95), 664 So. 2d 94.","paragraph_id":"para_543"},{"text":"According to the State, White’s guilty verdict would surely have been","paragraph_id":"para_544"},{"text":"rendered even without admission of Jasmine’s prior statement, since,","paragraph_id":"para_545"},{"text":"notwithstanding Jasmine’s statement (and Det. Brooks’ testimony explaining","paragraph_id":"para_546"},{"text":"it to the jury), the record contains “overwhelming and straightforward","paragraph_id":"para_547"},{"text":"evidence” that White committed the second degree murders of both Joan and","paragraph_id":"para_548"},{"text":"Jasmine Johnson as well as the attempted second degree murder of Jasmine’s","paragraph_id":"para_549"},{"text":"father, John Johnson. See, Chapman, supra; Sullivan, supra. The only","paragraph_id":"para_550"},{"text":"contrary evidence is the “outrageous” story told to the jury by White during","paragraph_id":"para_551"},{"text":"his testimony, urges the State.","paragraph_id":"para_552"},{"text":"Analysis","paragraph_id":"para_553"},{"text":"The Sixth Amendment to the United States Constitution guarantees an","paragraph_id":"para_554"},{"text":"accused in a criminal prosecution the right to confront the witnesses against","paragraph_id":"para_555"},{"text":"him. The Confrontation Clause of the Louisiana Constitution specifically","paragraph_id":"para_556"},{"text":"and expressly guarantees the accused the right “to confront and cross-","paragraph_id":"para_557"},{"text":"examine the witnesses against him.” La. Const. Art. I, § 16; State v.","paragraph_id":"para_558"},{"text":"Robinson, 01-273, p. 5 (La. 5/17/02), 817 So. 2d 1131, 1135. Confrontation","paragraph_id":"para_559"},{"text":"not only means the ability to confront the witnesses physically but also to","paragraph_id":"para_560"},{"text":"secure for the opponent the opportunity of cross-examination, which is its","paragraph_id":"para_561"},{"text":"main and essential purpose. Id.","paragraph_id":"para_562"},{"text":"Cross-examination is the principal way to test the believability and","paragraph_id":"para_563"},{"text":"truthfulness of the testimony, and it has traditionally been used to impeach or","paragraph_id":"para_564"},{"text":"discredit the witness. Id. at p. 6, 817 So. 2d at 1135; State v. Anderson,","paragraph_id":"para_565"},{"text":"55,168 (La. App. 2 Cir. 9/27/23), 372 So. 3d 413, writs denied, 23-01427,","paragraph_id":"para_566"},{"text":"23-01446 (La. 4/9/24), 382 So. 3d 842, 844, cert. denied, ___ U.S. ___, 145","paragraph_id":"para_567"},{"text":"21","paragraph_id":"para_568"},{"text":"S. Ct. 296, 220 L. Ed. 2d 96 (2024); State v. Williams, 04-608 (La. App. 5","paragraph_id":"para_569","court_paragraph":21},{"text":"Cir. 11/30/04), 889 So. 2d 1093, 1100, writ denied, 05-0081 (La. 4/22/05),","paragraph_id":"para_570"},{"text":"899 So. 2d 559. The confrontation clause prohibits the admission of an out-","paragraph_id":"para_571"},{"text":"of-court “testimonial” statement against a defendant unless the declarant is","paragraph_id":"para_572"},{"text":"unavailable and the defendant had a prior opportunity to cross-examine him.","paragraph_id":"para_573"},{"text":"Davis v. Washington, 547 U.S. 813, 821, 126 S. Ct. 2266, 2273, 165 L. Ed.","paragraph_id":"para_574"},{"text":"2d 224 (2006); Crawford v. Washington, 541 U.S. 36, 68, 124 S. Ct. 1354,","paragraph_id":"para_575"},{"text":"1374, 158 L. Ed. 2d 177 (2004).","paragraph_id":"para_576"},{"text":"In Crawford, supra, the U.S. Supreme Court restricted the","paragraph_id":"para_577"},{"text":"admissibility of testimonial statements as evidence at a criminal trial in","paragraph_id":"para_578"},{"text":"situations where a declarant is unavailable to testify and required that the","paragraph_id":"para_579"},{"text":"defendant have a prior opportunity to cross-examine the declarant. Id.; State","paragraph_id":"para_580"},{"text":"v. Griffin, 14-251, pp. 26-27 (La. App. 5 Cir. 3/11/15), 169 So. 3d 473, 490.","paragraph_id":"para_581"},{"text":"The Crawford court, while not defining “testimonial,” observed that “an","paragraph_id":"para_582"},{"text":"accuser who makes a formal statement to government officials bears","paragraph_id":"para_583"},{"text":"testimony in a sense that a person making a casual remark to an","paragraph_id":"para_584"},{"text":"acquaintance does not.” Crawford, 541 U.S. at 51, 124 S. Ct. at 1354","paragraph_id":"para_585"},{"text":"(internal citations omitted); State v. Warner, 12-0085, p. 16 (La. App. 4 Cir.","paragraph_id":"para_586"},{"text":"5/1/13), 116 So. 3d 811, 819.","paragraph_id":"para_587"},{"text":"The U.S. Supreme Court in Crawford recognized that there are","paragraph_id":"para_588"},{"text":"exceptions to a defendant’s right of confrontation, including the doctrine of","paragraph_id":"para_589"},{"text":"“forfeiture by wrongdoing,” which is premised on the principle that a","paragraph_id":"para_590"},{"text":"defendant should not be allowed to benefit from his own wrongdoing. State","paragraph_id":"para_591"},{"text":"v. Griffin, 14-251 at p. 27, 169 So. 3d at 490; State v. Warner, 12-85 at p. 17,","paragraph_id":"para_592"},{"text":"116 So. 3d at 820.","paragraph_id":"para_593"},{"text":"22","paragraph_id":"para_594"},{"text":"La. C.E. art. 804(B)(7), which is modeled after F.R.E. Rule 804(b)(6),","paragraph_id":"para_595","court_paragraph":22},{"text":"sets forth exceptions to the rule excluding hearsay for certain types of","paragraph_id":"para_596"},{"text":"evidence when the declarant is unavailable as a witness, provides:","paragraph_id":"para_597"},{"text":"(a) Forfeiture by wrongdoing. A statement offered against a","paragraph_id":"para_598"},{"text":"party that has engaged or acquiesced in wrongdoing that was","paragraph_id":"para_599"},{"text":"intended to, and did, procure the unavailability of the declarant","paragraph_id":"para_600"},{"text":"as a witness.","paragraph_id":"para_601"},{"text":"(b) A party seeking to introduce statements under the forfeiture","paragraph_id":"para_602"},{"text":"by wrongdoing hearsay exception shall establish, by a","paragraph_id":"para_603"},{"text":"preponderance of the evidence, that the party against whom the","paragraph_id":"para_604"},{"text":"statement is offered, engaged or acquiesced in the wrongdoing.","paragraph_id":"para_605"},{"text":"As required by Giles, supra, and La. C.E. art. 804(B)(7), in order to","paragraph_id":"para_606"},{"text":"introduce an unavailable victim’s out-of-court statement, the State must","paragraph_id":"para_607"},{"text":"show that a defendant engaged or acquiesced in wrongdoing that was","paragraph_id":"para_608"},{"text":"intended to, and did, procure the unavailability of the of the declarant as a","paragraph_id":"para_609"},{"text":"witness. Id.; State v. Aguilar, supra. There is no requirement in La. C.E. art.","paragraph_id":"para_610"},{"text":"804(B)(7) that the defendant must engage in violence or employ threats of","paragraph_id":"para_611"},{"text":"physical violence to cause fear in the victim in order to procure the witness’s","paragraph_id":"para_612"},{"text":"unavailability. State v. Aguilar, supra. Instead, the link between the","paragraph_id":"para_613"},{"text":"defendant’s actions and the victim’s unavailability may be established when","paragraph_id":"para_614"},{"text":"a defendant “puts forward to a witness the idea to avoid testifying, either by","paragraph_id":"para_615"},{"text":"threats, coercion, persuasion, or pressure….” Id., 15-1230, p. 2, 181 So. 3d","paragraph_id":"para_616"},{"text":"at 650.","paragraph_id":"para_617"},{"text":"A trial court’s ruling on the admissibility of evidence is reviewed","paragraph_id":"para_618"},{"text":"under an abuse of discretion standard. State v. Taylor, 16-1124, p. 18 (La.","paragraph_id":"para_619"},{"text":"12/1/16), 217 So. 3d 283, 296; State v. Glover, 56,285 (La. App. 2 Cir.","paragraph_id":"para_620"},{"text":"7/16/25), 416 So. 3d 34, writ denied, 25-01055 (1/28/26), 425 So. 3d 108.","paragraph_id":"para_621"},{"text":"A pre-trial hearing was held on September 4, 2025. The State’s","paragraph_id":"para_622"},{"text":"attorney informed the trial court that, inter alia, a notice to introduce other","paragraph_id":"para_623"},{"text":"23","paragraph_id":"para_624"},{"text":"crimes evidence under La. C.E. art. 412.4 had been filed regarding its intent","paragraph_id":"para_625","court_paragraph":23},{"text":"to present evidence of an incident of prior domestic violence perpetrated by","paragraph_id":"para_626"},{"text":"White upon Jasmine on August 26, 2023. The prosecutor also indicated the","paragraph_id":"para_627"},{"text":"State’s intent to play for the jury a recorded statement made by Jasmine to","paragraph_id":"para_628"},{"text":"Det. Jennie Brooks regarding the August 26, 2023, incident, and noted that a","paragraph_id":"para_629"},{"text":"motion to allow this interview pursuant to La. C.E. art. 804(B)(7) had been","paragraph_id":"para_630"},{"text":"filed.","paragraph_id":"para_631"},{"text":"As the State’s attorney attempted to argue the merits of the notice and","paragraph_id":"para_632"},{"text":"motion, White informed the trial court of his intent to exercise his right of","paragraph_id":"para_633"},{"text":"self-representation, and the hearing veered off in that direction. The State’s","paragraph_id":"para_634"},{"text":"motion and notice had attached thereto the initial and supplemental police","paragraph_id":"para_635"},{"text":"reports documenting the August 26, 2023, incident, Jasmine’s injuries and","paragraph_id":"para_636"},{"text":"interview with Det. Brooks, and White’s arrest for the instant offenses on","paragraph_id":"para_637"},{"text":"January 14, 2024. Together with the evidence presented at trial, the record is","paragraph_id":"para_638"},{"text":"clear that there was no abuse of the trial court’s discretion in allowing the","paragraph_id":"para_639"},{"text":"State to play a portion of Jasmine’s recorded statement for the jury in this","paragraph_id":"para_640"},{"text":"case.","paragraph_id":"para_641"},{"text":"Det. Brooks testified that on August 26, 2023, she was contacted by","paragraph_id":"para_642"},{"text":"Officer W.J. Williams who related that he was at the Willis Knighton South","paragraph_id":"para_643"},{"text":"location at 2510 Bert Kouns in Shreveport to work a domestic violence","paragraph_id":"para_644"},{"text":"incident. The victim, Jasmine Johnson, told Ofc. Williams that her ex-","paragraph_id":"para_645"},{"text":"boyfriend struck her car with his vehicle which caused her car to run off the","paragraph_id":"para_646"},{"text":"road into a field. Jasmine’s ex-boyfriend grabbed her from her vehicle,","paragraph_id":"para_647"},{"text":"slammed her to the ground, then struck her in the head with a pistol before","paragraph_id":"para_648"},{"text":"threatening to kill her. Det. Brooks stated that she went to the hospital to","paragraph_id":"para_649"},{"text":"speak to Jasmine and record an interview with her. Before doing so, Det.","paragraph_id":"para_650"},{"text":"24","paragraph_id":"para_651"},{"text":"Brooks met with the Ofc. Williams to get the suspect’s information. The","paragraph_id":"para_652","court_paragraph":24},{"text":"suspect had been identified as the defendant White.","paragraph_id":"para_653"},{"text":"Det. Brooks testified that she found Jasmine in the emergency room at","paragraph_id":"para_654"},{"text":"Willis Knighton South.8 The detective identified and authenticated the DVD","paragraph_id":"para_655"},{"text":"that contained her interview with Jasmine, and a portion of the recorded","paragraph_id":"para_656"},{"text":"interview was then played for the jury.","paragraph_id":"para_657"},{"text":"On the day of the incident, August 26, 2023, Jasmine went to a","paragraph_id":"para_658"},{"text":"Walmart Marketplace store where White worked to retrieve a gun that","paragraph_id":"para_659"},{"text":"belonged to her. Jasmine got the gun from White’s unlocked car, then went","paragraph_id":"para_660"},{"text":"into the store to tell him she had done so. White got mad and told her to","paragraph_id":"para_661"},{"text":"leave. Jasmine left; two children, toddlers aged one and two years old, were","paragraph_id":"para_662"},{"text":"riding with their mother in her car. White called Jasmine as she was driving","paragraph_id":"para_663"},{"text":"and told her to return the gun. Jasmine then noticed a car coming upon her","paragraph_id":"para_664"},{"text":"fast from behind. White was the driver of the approaching car. He struck","paragraph_id":"para_665"},{"text":"Jasmine’s car, forcing her off the road into a field. White rammed her","paragraph_id":"para_666"},{"text":"vehicle a second time, then pulled Jasmine from her car by her shirt and","paragraph_id":"para_667"},{"text":"threw her to the ground several times. He then got the gun from Jasmine’s","paragraph_id":"para_668"},{"text":"car, struck her in the head with it, and told her he would kill her. Jasmine","paragraph_id":"para_669"},{"text":"got back in her car and drove herself to a hospital.9","paragraph_id":"para_670"},{"text":"8 Jasmine executed a HIPAA release and the medical information from her visit to","paragraph_id":"para_671"},{"text":"Willis Knighton South on August 26, 2023, was included among the police reports","paragraph_id":"para_672"},{"text":"submitted to the trial judge in support of the State’s evidentiary motions. In relating the","paragraph_id":"para_673"},{"text":"incident to ER staff, Jasmine reported that she sustained a loss of consciousness as well","paragraph_id":"para_674"},{"text":"as head and abdominal injuries. Jasmine also stated that she was 23 weeks pregnant at","paragraph_id":"para_675"},{"text":"the time. ER staff noted swelling and edema in Jasmine’s scalp, and based on a fetal","paragraph_id":"para_676"},{"text":"ultrasound, personnel in the Labor and Delivery department estimated Jasmine’s delivery","paragraph_id":"para_677"},{"text":"date to be December 16, 2023 (which is less than 30 days prior to the date of the","paragraph_id":"para_678"},{"text":"shootings).","paragraph_id":"para_679"},{"text":"9 At the time, White also had pending charges in Bossier Parish for a previous","paragraph_id":"para_680"},{"text":"incident involving Jasmine.","paragraph_id":"para_681"},{"text":"25","paragraph_id":"para_682"},{"text":"Two days later, on August 28, 2023, Sgt. Brooks scheduled an","paragraph_id":"para_683","court_paragraph":25},{"text":"interview with White for August 30, 2023. Later that day, White called Sgt.","paragraph_id":"para_684"},{"text":"Brooks to inquire whether Jasmine had contacted her. When he learned that","paragraph_id":"para_685"},{"text":"Jasmine had not contacted Sgt. Brooks, White said, “okay,” and hung up.","paragraph_id":"para_686"},{"text":"On August 29, 2023, Jasmine called Sgt. Brooks and related that she wanted","paragraph_id":"para_687"},{"text":"to dismiss the charge. Sgt. Brooks informed Jasmine that she could not","paragraph_id":"para_688"},{"text":"dismiss the charge because it was a felony, and the investigation would","paragraph_id":"para_689"},{"text":"proceed. Two minutes later, White called Sgt. Brooks, whose report","paragraph_id":"para_690"},{"text":"contains the following entry:","paragraph_id":"para_691"},{"text":"At 0953, this investigator received a phone call from White","paragraph_id":"para_692"},{"text":"stating, Ms. Johnson just told him she was informed she","paragraph_id":"para_693"},{"text":"couldn’t dismiss charges. Upon informing Mr. White that is","paragraph_id":"para_694"},{"text":"correct, he advised he didn’t understand how she couldn’t if she","paragraph_id":"para_695"},{"text":"said he didn’t do anything to her. Mr. White was informed Ms.","paragraph_id":"para_696"},{"text":"Johnson didn’t say he didn’t do anything to her, she said she","paragraph_id":"para_697"},{"text":"wanted to dismiss charges. He was further informed if she did","paragraph_id":"para_698"},{"text":"state he didn’t do anything to her, this investigator wouldn’t","paragraph_id":"para_699"},{"text":"believe her because victims of Domestic Violence tend to recant","paragraph_id":"para_700"},{"text":"their statement.","paragraph_id":"para_701"},{"text":"Less than ten minutes later, Jasmine called Sgt. Brooks back to tell her","paragraph_id":"para_702"},{"text":"that “when she hit her brakes, Mr. White struck the back of her vehicle and","paragraph_id":"para_703"},{"text":"then she hit her head on the steering wheel.” Four minutes after that, White","paragraph_id":"para_704"},{"text":"called Sgt. Brooks to verify that Jasmine had called her and asked again","paragraph_id":"para_705"},{"text":"whether he needed to attend the interview scheduled for the next day. Sgt.","paragraph_id":"para_706"},{"text":"Brooks told White that he did need to attend and explained that because of","paragraph_id":"para_707"},{"text":"Jasmine’s physical injuries, the investigation was proceeding. White did not","paragraph_id":"para_708"},{"text":"show up at the interview. An arrest warrant for White was issued on August","paragraph_id":"para_709"},{"text":"30, 2023. However, White killed Jasmine before the arrest warrant could be","paragraph_id":"para_710"},{"text":"executed.","paragraph_id":"para_711"},{"text":"26","paragraph_id":"para_712"},{"text":"Both White and the State have cited Giles, supra. The following","paragraph_id":"para_713","court_paragraph":26},{"text":"language from the majority’s opinion in Giles we find to be especially","paragraph_id":"para_714"},{"text":"compelling. Recognizing the difficulty of prosecuting defendants accused of","paragraph_id":"para_715"},{"text":"domestic violence whose victims have been silenced by further incidents of","paragraph_id":"para_716"},{"text":"domestic abuse or intimidation, the Louisiana Supreme Court found:","paragraph_id":"para_717"},{"text":"The domestic violence context is, however, relevant for a","paragraph_id":"para_718"},{"text":"separate reason. Acts of domestic violence often are intended to","paragraph_id":"para_719"},{"text":"dissuade a victim from resorting to outside help, and include","paragraph_id":"para_720"},{"text":"conduct designed to prevent testimony to police officers or","paragraph_id":"para_721"},{"text":"cooperation in criminal prosecutions. Where such an abusive","paragraph_id":"para_722"},{"text":"relationship culminates in murder, the evidence may support a","paragraph_id":"para_723"},{"text":"finding that the crime expressed the intent to isolate the victim","paragraph_id":"para_724"},{"text":"and to stop her from reporting abuse to the authorities or","paragraph_id":"para_725"},{"text":"cooperating with a criminal prosecution—rendering her prior","paragraph_id":"para_726"},{"text":"statements admissible under the forfeiture doctrine. Earlier","paragraph_id":"para_727"},{"text":"abuse, or threats of abuse, intended to dissuade the victim from","paragraph_id":"para_728"},{"text":"resorting to outside help would be highly relevant to this","paragraph_id":"para_729"},{"text":"inquiry, as would evidence of ongoing criminal proceedings at","paragraph_id":"para_730"},{"text":"which the victim would have been expected to testify.","paragraph_id":"para_731"},{"text":"Id., 554 U.S. at 377, 128 S. Ct. 15 2693.","paragraph_id":"para_732"},{"text":"The domestic violence incident in which White ran Jasmine off the","paragraph_id":"para_733"},{"text":"road, pistol-whipped her, then threatened to kill her, occurred only five","paragraph_id":"para_734"},{"text":"months prior to her murder by White. During Sgt. Brooks’ investigation into","paragraph_id":"para_735"},{"text":"the domestic violence incident, White made numerous attempts to get","paragraph_id":"para_736"},{"text":"Jasmine to drop the charges. Upon learning that even a forced recantation","paragraph_id":"para_737"},{"text":"by Jasmine would not suffice to have the investigation halted and charges","paragraph_id":"para_738"},{"text":"dropped, White failed to show up for his interview with police and then","paragraph_id":"para_739"},{"text":"killed Jasmine before the arrest warrant on the domestic abuse charges could","paragraph_id":"para_740"},{"text":"be served.","paragraph_id":"para_741"},{"text":"In State v. Aguilar, supra, the defendant repeatedly violated a","paragraph_id":"para_742"},{"text":"protective order prohibiting him from contacting witnesses against him in an","paragraph_id":"para_743"},{"text":"upcoming criminal prosecution, and both witnesses (his girlfriend and their","paragraph_id":"para_744"},{"text":"27","paragraph_id":"para_745"},{"text":"daughter) recanted their testimony, ultimately becoming uncooperative with","paragraph_id":"para_746","court_paragraph":27},{"text":"prosecution of the case against the defendant. In this case, White not only","paragraph_id":"para_747"},{"text":"threatened physical violence against Jasmine, but he carried it out by","paragraph_id":"para_748"},{"text":"shooting her four times and killing her, which, while maybe not the intended","paragraph_id":"para_749"},{"text":"purpose at that time, prohibited her from testifying against him in the","paragraph_id":"para_750"},{"text":"pending domestic violence case. Jasmine’s unavailability “is a logical","paragraph_id":"para_751"},{"text":"outgrowth of the defendant’s actions in this domestic violence case…” Id.,","paragraph_id":"para_752"},{"text":"15-1230 at p. 2, 181 So. 3d at 650. As the Louisiana Supreme Court found","paragraph_id":"para_753"},{"text":"in State v. Aguilar, we find that the forfeiture by wrongdoing doctrine is","paragraph_id":"para_754"},{"text":"applicable under the facts and circumstances of this case.","paragraph_id":"para_755"},{"text":"The defendant himself killed the witness he now complains he cannot","paragraph_id":"para_756"},{"text":"confront. White’s actions in having Jasmine call the investigating officer","paragraph_id":"para_757"},{"text":"several times in an attempt to get the domestic violence charges against him","paragraph_id":"para_758"},{"text":"dropped, and then when that didn’t work, his ultimate silencing of her by","paragraph_id":"para_759"},{"text":"killing her after shooting her mother and father, shows that White engaged in","paragraph_id":"para_760"},{"text":"a pattern of behavior intended to ensure that Jasmine could never testify","paragraph_id":"para_761"},{"text":"against him. See, Giles, supra. “[W]hen defendants seek to undermine the","paragraph_id":"para_762"},{"text":"judicial process by procuring or coercing silence from witnesses and victims,","paragraph_id":"para_763"},{"text":"the Sixth Amendment does not require courts to acquiesce. While defendants","paragraph_id":"para_764"},{"text":"have no duty to assist the State in proving their guilt, they do have the duty","paragraph_id":"para_765"},{"text":"to refrain from acting in ways that destroy the integrity of the criminal-trial","paragraph_id":"para_766"},{"text":"system.” Davis v. Washington, 547 U.S. at 833, 126 S. Ct. at 2280. This","paragraph_id":"para_767"},{"text":"assignment of error is without merit.","paragraph_id":"para_768"},{"text":"Errors Patent","paragraph_id":"para_769"},{"text":"The record was reviewed for errors patent, and there were none.","paragraph_id":"para_770"},{"text":"28","paragraph_id":"para_771"},{"text":"CONCLUSION","paragraph_id":"para_772","court_paragraph":28},{"text":"For the reasons set forth above, the convictions and sentences","paragraph_id":"para_773"},{"text":"imposed in this case against the defendant, Donald Dewayne White, II, are","paragraph_id":"para_774"},{"text":"affirmed.","paragraph_id":"para_775"},{"text":"AFFIRMED.","paragraph_id":"para_776"}],"word_count":8085,"cites":["422 U.S. 806","564 U.S. 1025","317 U.S. 269","509 U.S. 389","547 U.S. 1022","549 U.S. 1221","304 U.S. 458","554 U.S. 353","386 U.S. 18","508 U.S. 275","547 U.S. 813","541 U.S. 36"],"cited_by":[],"sha256":"f8840c37081a20c55c33f53e69ffd83b8b0db2615cdc61b3b2c7e92608e0170e","source_url":"https://www.la2nd.org/wp-content/uploads/2026/08/56982ka.pdf","fetched_at":"2026-10-06T07:16:45.854+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/us/lactapp-56-982-ka-2026-08-26","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=us:lactapp-56-982-ka-2026-08-26","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=us:lactapp-56-982-ka-2026-08-26","changes":"https://legal.exploreworldai.com/api/public/v1/us-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/us-praxis/agent?id=us:lactapp-56-982-ka-2026-08-26","verification":{"stored_sha256":"f8840c37081a20c55c33f53e69ffd83b8b0db2615cdc61b3b2c7e92608e0170e","recomputed_sha256":"f8840c37081a20c55c33f53e69ffd83b8b0db2615cdc61b3b2c7e92608e0170e","intact":true,"checked_at":"2026-10-17T20:58:11.639Z"}},"hash":"sha256:72b0557a6198b8754a5d10c593f3983bb51fcf1c3be1ae93ab5907f3ef6d6112","version":"legal-2026-10-17","expires":"2026-10-18T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-17+legal-2026-10-17+2026-10-17T17:42:33","content_hash":"sha256:72b0557a6198b8754a5d10c593f3983bb51fcf1c3be1ae93ab5907f3ef6d6112","revalidate_after":"2026-10-17T21:58:11.898Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=us:lactapp-56-982-ka-2026-08-26","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=us:lactapp-56-982-ka-2026-08-26"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=us:lactapp-56-982-ka-2026-08-26"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/us-praxis/agent?id=us:lactapp-56-982-ka-2026-08-26"},{"rel":"obligations","href":"https://legal.exploreworldai.com/api/public/v1/obligation-chain"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=us"}],"disclaimer":"Source reference with official identifier. 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