
    STATE of Louisiana v. Eugene FORTINO.
    No. 2002-KK-0277.
    Supreme Court of Louisiana.
    Jan. 28, 2002.
   In Re Fortino, Eugene; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. G, Nos. 01^4444; to the Court of Appeal, Fifth Circuit, No. 01-K-1364.

Denied.

CALOGERO, C.J., would grant the writ and assign reasons.

CALOGERO, Chief Justice,

dissents from the writ denial.

I would grant this writ. Apparently, from the application, the trial judge made a pretrial ruling without hearing testimony, medical evidence, or examining police reports.

At the least, the trial judge should not let into evidence the eleven year old incident regarding defendant and a prior wife without some showing that it is relevant to demonstrate intent, knowledge, or system and otherwise complies with State v. Prieur, 277 So.2d 126 (La.1973).  