Recent Development by Stephen F. Rose
Courtney Garza, a twenty-one-year-old college student at Southeastern Louisiana University (SLU), hanged herself in her parents' home in Baton Rouge, Louisiana, on April 9, 2001. Before she took her own life, Courtney composed a three-page handwritten note dated April 8, 2001. The note explained that Courtney had been raped by Paul Upshaw, a member of Delta Tau Delta Fraternity, and that she had resolved to commit suicide after suffering months of depression. The note stated: “‘I thought I would've cut it short sometime before now . . . . I'm still scared right now as I plan it out, but I'm really doing it this time.”’
Thomas Garza Sr. and Sandra Garza, Courtney's parents, as well as Thomas Garza, Jr., her brother, filed a wrongful death suit against Paul Upshaw, Delta Tau Delta International Fraternity, Delta Tau Delta National Fraternity (DTD national), Epsilon Phi Chapter (DTD local), and the State of Louisiana—through the Board of Supervisors for the University of Louisiana System and Southeastern Louisiana University. The suit alleged sexual assault and rape, harassment, failure to supervise fraternity activities, and failure to prevent tortious activities, constituting negligence that proximately caused Courtney's death.
The defendants sought to bar the admission of the suicide note into evidence as inadmissible hearsay. The trial court partially denied the motion, admitting portions of the suicide note. Two defendants filed an application for writ to the Louisiana First Circuit Court of Appeal. The court denied the writ, admitting the suicide note under the dying declaration exception to the hearsay rule.
To qualify as admissible hearsay under the Louisiana Code of Evidence, a dying declaration must (1) be written by a declarant “while believing that [her] death was imminent” and (2) “concern[] the cause or circumstances of . . . [her] impending death.” The court of appeal found that Courtney was aware of her impending death and that the note offered insight into the cause of her suicide. Reversing the court of appeal, the Supreme Court of Louisiana held that the suicide note was hearsay and that the note did not qualify as a dying declaration. Garza v. Delta Tau Delta Fraternity National, 05-1508, 05-1527, pp. 22, 25 (La. 7/10/06); 948 So. 2d 84, 98, 100.
About the Author
Stephen F. Rose. J.D. candidate 2008, Tulane University School of Law; B.A. 2003, Brandeis University.
Citation
81 Tul. L. Rev. 1715 (2007)