Garza v. Delta Tau Delta Fraternity National
948 So. 2d 84 (2006)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A suicide note is not admissible under the hearsay exception for a statement under belief of impending death (La. C.E. art. 804(B)(2)) because the declarant has not yet suffered a mortal wound and retains control over their death, which undermines the circumstantial guarantee of trustworthiness. Such a note is also inadmissible under the state of mind exception (La. C.E. art. 803(3)) to prove the truth of past events or the actions of a third party.
Facts:
- Courtney Garza was a 21-year-old student at Southeastern Louisiana University (SLU).
- Following a night of drinking, Garza accompanied a sorority sister and a member of the Delta Tau Delta (DTD) fraternity to an off-campus house occupied by several DTD members.
- At the house, Garza ended up in the bedroom of fraternity member Paul Upshaw.
- Months after this event, Garza experienced ongoing depression and contemplated suicide.
- On April 8, 2001, Garza authored a handwritten letter describing her depression and recounting that she had been raped by Upshaw.
- The note also contained goodbyes to her family and funeral instructions.
- On April 9, 2001, Courtney Garza died by suicide by hanging at her parents' home.
Procedural Posture:
- Thomas Garza, Sr., and Sandra Garza (plaintiffs) filed a wrongful death and survival action against Delta Tau Delta Fraternity, Paul Upshaw, and Southeastern Louisiana University, among others, in a Louisiana district court.
- The defendants filed motions in limine to exclude Courtney Garza's suicide note from evidence.
- The trial court denied the motions in part, ruling that the main narrative portion of the note was admissible under the dying declaration exception to the hearsay rule.
- Delta Tau Delta Fraternity and Southeastern Louisiana University (appellants) filed an application for a writ with the Court of Appeal, First Circuit.
- The Court of Appeal, First Circuit, denied the writs in a 2-1 decision, upholding the trial court's ruling.
- The defendants (applicants) successfully petitioned the Supreme Court of Louisiana for a writ of certiorari to review the lower courts' decisions.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a suicide note written by a declarant before inflicting a fatal injury upon herself qualify as an admissible hearsay exception for a 'statement under belief of impending death' under Louisiana Code of Evidence article 804(B)(2)?
Opinions:
Majority - Weimer, Justice
No, a suicide note written prior to the fatal act does not qualify as a statement under belief of impending death. The exception requires that the statement be made when the declarant believes death is imminent, a belief historically corroborated by an existing mortal wound or fatal illness that is beyond the declarant's control. This external circumstance provides the 'circumstantial probability of trustworthiness.' A person writing a suicide note retains control over their fate, allowing for motives such as revenge, self-exoneration, or calculated communication, which defeats the presumed truthfulness that the exception is built upon. Furthermore, the note is inadmissible under the state of mind exception (La. C.E. art. 803(3)) because it is a 'statement of memory or belief' offered to prove the 'fact remembered or believed'—namely, the past alleged acts of the defendants—which is explicitly forbidden by the rule.
Dissenting - Johnson, Justice
Yes, the suicide note should be admissible. The note meets the plain language requirements of La. C.E. art. 804(B)(2). Courtney Garza wrote the statement 'while believing that [her] death was imminent,' as evidenced by the fact that she took her own life shortly thereafter. The note also concerned the 'cause or circumstances' of what she believed to be her impending death: the rape and its subsequent psychological trauma. The rape should be viewed as the 'wound inflicted' that caused her to feel she could not survive, thus making her statement sufficiently reliable for admission.
Dissenting - Traylor, Justice
Yes, the suicide note is admissible under the modern, broadened version of the dying declaration exception. The majority improperly relies on historical jurisprudence from a time when the rule was restricted to criminal homicide cases. The current rule simply requires that the statement be made under a belief of imminent death and concern the cause of that death, both of which are met here. Courtney believed her death was imminent, as proven by her subsequent act, and the note explains the circumstances she believed led to her decision. Any concerns about the declarant's motives or truthfulness should be matters of evidentiary weight for the jury to consider, not grounds for inadmissibility.
Analysis:
This case significantly clarifies the scope of the 'dying declaration' hearsay exception in Louisiana by holding that it does not apply to suicide notes. The court established a de facto bright-line rule requiring the mortal wound or fatal condition to precede the statement, thereby reinforcing the exception's traditional rationale based on the trustworthiness of a declarant facing an uncontrollable death. This decision limits the ability of plaintiffs in wrongful death suits to use a suicide victim's own narrative to establish the underlying tortious acts of defendants. It also reaffirms the strict limits of the 'state of mind' exception, preventing it from being used to introduce statements about past events to prove those events occurred.
Unlock the full brief for Garza v. Delta Tau Delta Fraternity National