State v. Gremillion
Louisiana Supreme Court
542 So. 2d 1074 (1989)
- Written by Abby Roughton, JD
Facts
Douglas Gremillion (defendant) was drinking at a bar with Susan Dupuy. Susan’s ex-husband, Robert Dupuy, was also in the bar. Earlier in the evening, Robert threatened William Swain while Swain was dancing with Susan. As Robert left the bar, Robert and Gremillion exchanged words. Gremillion punched Robert in the face, knocking Robert unconscious. Gremillion then stomped on Robert’s chest and abdomen. Robert later checked himself into the hospital with severe abdominal pain. Robert told the treating physician that he had been beaten by several people and told an investigating police officer that three White men had attacked him. Robert did not identify Gremillion, who had been his close friend, as the attacker. Robert died 17 days later, and the State of Louisiana (plaintiff) charged Gremillion in connection with Robert’s death. Gremillion’s defense theory was that Swain and Swain’s two friends were the people who attacked Robert. During trial, Gremillion called the police officer to testify regarding Robert’s statement about the three White men, but the trial court refused to allow the testimony on hearsay grounds. The jury convicted Gremillion, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Dixon, C.J.)
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