State v. Taylor

642 So. 2d 160 (1994)

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State v. Taylor

Louisiana Supreme Court
642 So. 2d 160 (1994)

Facts

The State of Louisiana (plaintiff) charged Kenneth Taylor (defendant) with aggravated battery after Taylor allegedly assaulted, beat, and threatened to kill his girlfriend, Glenda Richard. Richard gave a typed statement regarding the beating and appeared on a videotape. The state dropped the charges against Taylor in December of 1993 after Richard told the trial court that she would not testify against Taylor and did not want Taylor to be prosecuted. However, the state reinstituted the case against Taylor in January of 1994. After learning that Taylor and Richard got married in February of 1994, the state filed a motion in limine asking the trial court to bar Richard from asserting a claim of spousal privilege and to rule that Richard’s statements and videotape were admissible. The trial court denied the state’s motion. The state sought review from the appellate court and presented the court with an affidavit from Richard’s mother indicating that Richard had moved back in with her family three days after marrying Taylor. Richard’s mother stated that she believed that Richard was afraid to testify against Taylor. The appellate court denied the state’s request for review, and the state sought review from the Louisiana Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Hall, J.)

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