Opinion
NO. 2016 KW 1413
11-10-2016
In Re: State of Louisiana, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 13-190882. BEFORE: WELCH, CRAIN AND HOLDRIDGE, JJ.
WRIT GRANTED. The district court abused its discretion in granting the defendant's motion in limine. "Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or waste of time.'" La. Code Evid. art. 403. Any evidence tending to prove that the defendant had a motive or reason for committing the murder is extremely probative. State v. Rose, 2006-0402 (La. 2/22/07), 949 So.2d 1236, 1244-45. Apply this standard to the subject case, the probative value substantially outweighs any prejudicial effect. Accordingly, the district court's ruling granting the defendant's motion in limine is reversed, the motion is denied, and this matter is remanded to the district court for further proceedings.
JEW
WJC
Holdridge J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT