GARZA V. DELTA TAU DELTA FRATERNITY NATIONAL
916 So.2d 185 (1st Cir. 2005)
NATURE OF THE CASE: On writ of certiorari the court was asked to consider whether a
suicide note could qualify as a dying declaration.
FACTS: Garza (P), a twenty-one-year-old student at Southeastern University in Hammond,
committed suicide by hanging herself in her parents' Baton Rouge home. She left behind a
hand-written, three-page suicide note, written on front and back, dated '04/08/01 Sunday
12:30.' Ps filed suit against Delta Tau Delta National Fraternity (Ds). Ps allege defendant
Paul Upshaw (D), a member of Fraternity, raped Courtney on February 6, 2001, at an
off-campus residence. The Garzas allege SLU failed to supervise the activities of the
Fraternity and failed to provide adequate crisis intervention to Courtney. Ds filed motions
in limine seeking to exclude the suicide note as inadmissible hearsay. The trial court
signed a judgment, denying in part Ds' motions in limine. The last part of the note
containing farewells was stricken, as the trial court found the unfair prejudicial effect of
that part of the note outweighed its probative value. However, the remainder of the suicide
note was declared admissible as a dying declaration. Ds filed an application for supervisory
review.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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