Opinion
2023-KK-00898
10-17-2023
STATE OF LOUISIANA v. DONALD WARDEN
IN RE: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ, Parish of St. Charles, 29th Judicial District Court Number(s) 20,570, Court of Appeal, Fifth Circuit, Number(s) 23-K-242;
Writ application granted. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
PER CURIAM
Writ granted. The defendant may not present the opinion of a mental health expert, based on either a "profile" of a child sex abuser or on the results of standardized psychological tests, that he is a moral person without deviant sexual tendencies which might prompt pedophiliac behavior. State v. Hughes, 2002-2455 (La. 1/31/03), 841 So.2d 718, 723. Thus, the portions of Dr. Luscher's report that do not comply with this directive must be redacted. In particular, any discussions of or references to the STATIC-2002 or the Multiphasic Sex Inventory II (MSI II) are not permitted. The matter is remanded to the trial court for further proceedings in accordance with this order. REVERSED AND REMANDED.