State v. Bernard, 608 So. 2d 966 (La. 1992)

Cases | State v. Bernard, 608 So. 2d 966 (La. 1992) | 2018

The defendant was indicted for first degree murder. During pretrial proceedings the prosecutor notified defense counsel that he intended to introduce victim impact evidence in the sentencing phase of the bifurcated trial. The trial court held that such evidence was not admissible under La. Code Crim. Proc. Ann. art. 905.2. The appellate court reversed the trial court’s ruling and the supreme court granted certiorari to review the judgment. The supreme court found that some evidence of the murder victim’s character and the impact of the murder on the victim’s survivors is admissible as relevant to the circumstances of the offense or to the character and propensities of the offender. Whether particular evidence renders a hearing so fundamentally unfair as to amount to a due process violation must be determined on a case-by-case basis. Further, use of victim impact evidence requires pretrial notice to the defense, as the defense otherwise has no way of knowing that preparation will be necessary to meet the evidence.