Opinion
NO. 2013 CW 1571
2013-09-13
LEROY M. EDMOND v. CHEROKEE INSURANCE COMPANY, JOWIN EXPRESS, INC., SHERBASTON T. WILSON AND STATE FARM MUTUAL INSURANCE COMPANY
In Re: Sherbaston T. Wilson, Jowin Express, Inc. and Cherokee
Insurance Company, applying for supervisory writs,
18th Judicial District Court, Parish of West Baton
Rouge, No. 10-39184.
BEFORE: PETTIGREW, McDONALD, McCLENDON, WELCH AND DRAKE, JJ.
WRIT GRANTED. The violation with which Sherbaston Wilson was charged was amended to a non-moving violation under La. R.S. 32:1304. (expired motor vehicle inspection sticker). Said charge is unrelated to the civil matter and any probative value it may have is outweighed by its prejudicial nature. We further note that a guilty plea that is later withdrawn or set aside is inadmissible in any civil or criminal proceeding pursuant to Louisiana Code of Evidence article 410(A)(1). Accordingly, we grant the writ and reverse the ruling of the trial court.
JMM
PMc
EGD
Pettigrew and Welch, JJ., dissent and would deny the writ on the showing made. COURT OF APPEAL, FIRST CIRCUIT ______________________
DEPUTY CLERK OF COURT
FOR THE COURT