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FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 40


FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 10th day of July, 2006, are as follows:

BY WEIMER, J.:


2005-CC-1508 THOMAS GARZA, SR., SANDRA GARZA AND THOMAS GARZA, JR. v. DELTA TAU

C/W DELTA FRATERNITY NATIONAL, DELTA TAU DELTA FRATERNITY LOCAL,

2005-CC-1527
SOUTHEASTERN LOUISIANA UNIVERSITY, HAMMOND CITY POLICE DEPARTMENT,

OFFICER EDWIN BERGERON, PAUL UPSHAW, AND ABC INSURANCE COMPANY

(Parish

of E. Baton Rouge)

Because the portions of the suicide note presently in question do not
qualify as an exception to the hearsay rule pursuant to La. C.E. art.
804(B)(2) or art. 803(3), the suicide note is inadmissible hearsay,
requiring the reversal of the lower courts' rulings.
JUDGMENT REVERSED; MATTER REMANDED.

KIMBALL, J., dissents for reasons assigned by Traylor, J.

JOHNSON, J., dissents and assigns reasons.

TRAYLOR, J., dissents and assigns reasons.



07/10/2006


SUPREM E COURT OF LOUISIANA
Nos. 05-CC-1508 c/w  05-CC-1527

THOMAS GARZA, SR.,
SANDRA GARZA, AND THOMAS GARZA, JR.

VERSUS

DELTA TAU DELTA FRATERNITY NATIONAL, DELTA TAU DELTA
FRATERNITY LOCAL, SOUTHEASTERN LOUISIANA UNIVERSITY,
HAMMOND CITY POLICE DEPARTMENT, OFFICER EDWIN
BERGERON, PAUL UPSHAW, AND ABC INSURANCE COMPANY1

On Writ of Certiorari to the Court of Appeal,
First Circuit, Parish of East Baton Rouge


WEIMER, Justice
2
Certiorari was granted in this matter to determine whether the lower courtserred in ruling on motions in limine that a suicide note would be admissible at trial as an exception to the hearsay rule.  In light of the facts of this case and for the reasons assigned, we hold that the suicide note in question does not qualify as a

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