## Facts

- Courtney Garza, a 21-year-old student at Southeastern Louisiana University, died by suicide by hanging on April 9, 2001.
- The day before her death, she wrote a dated, multi-page handwritten note describing (1) longstanding depression and suicidal thoughts, (2) an alleged sexual assault by a fraternity member weeks earlier, and (3) farewells and funeral instructions.
- Courtney’s parents and brother filed a wrongful-death action against the alleged assailant and multiple entities, including fraternity organizations and the university, alleging the assault and negligent supervision/crisis intervention contributed to Courtney’s suicide.
- Plaintiffs sought to use the note to support claims about the alleged assault and its asserted effect on Courtney’s mental state.

## Issues

1. Whether the note (or portions of it) was admissible as a “statement under belief of impending death” (dying declaration) under La. Code Evid. art. 804(B)(2).
2. Whether the note (or portions of it) was admissible as a statement of the declarant’s then-existing mental, emotional, or physical condition under La. Code Evid. art. 803(3).
3. If neither exception applied, whether the note was inadmissible hearsay.

## Decision

- The district court ruled that the first two portions of the note were admissible as dying declarations.
- The court of appeal granted supervisory review and agreed that a suicide note could qualify as a dying declaration, allowing admission.
- The Louisiana Supreme Court reversed, holding the challenged portions of the note were inadmissible hearsay.
- The Court vacated the rulings on the motions in limine and remanded for further proceedings.

## Legal Principles

- Hearsay is inadmissible unless it fits within a codified exception.
- A dying declaration under La. Code Evid. art. 804(B)(2) requires (1) a statement made while the declarant believed death was imminent and (2) a statement concerning the cause or circumstances of the declarant’s impending death.
- A suicide note written before any self-inflicted injury, when the declarant remains able to change course, may fail the “belief of imminent death” requirement for a dying declaration.
- Statements offered under La. Code Evid. art. 803(3) may show then-existing state of mind (e.g., intent, motive, mental feeling), but the exception does not admit narrative assertions of past events or accusations offered to prove those events occurred or to establish another’s fault.

## Conclusion

The Louisiana Supreme Court held that Courtney Garza’s suicide note did not meet the requirements for either the dying-declaration or state-of-mind hearsay exceptions because it was written before any mortal injury and was used to prove alleged past events and blame; therefore, the note was inadmissible hearsay and the matter was remanded for trial without the note’s admission under those exceptions.


Garza v. Delta Tau Delta Fraternity Nat'l, 948 So. 2d 84 (La. 2006)