STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 0902

VERSUS

THOMAS FIFE OCT 182019

In Re: State Of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 11- 14- 0793.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED. The trial court' s ruling excluding evidence of the defendant' s conviction relating to the possession of pornographic images of children is reversed and this matter is remanded to the trial court for further proceedings. Because the defendant is charged with sexual misconduct against a victim who was under the age of seventeen, the defendant' s conviction

relating to the possession of pornographic images of children is relevant for the purposes of revealing his lustful disposition toward children. See La. Code Evid. art. 412. 2( A); State v. E. J. F., 2008- 674 ( La. App. 3d Cir. 12/ 10/ 08), 999 So. 2d 224, 230- 31. Further, the probative value of this evidence is not

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. See La. Code Evid. arts. 403 & 412. 2( A).

PMC JEW

Holdridge, J., dissents and would deny the writ

application. The trial court did not abuse its " great

gatekeeping discretion" in finding the evidence to be inadmissible. See State v. Wright, 2011- 0141 ( La. 12/ 6/ 11), 79 So. 3d 309, 317.

COURT OF APPEAL, FIRST CIRCUIT

L a DEPUTY CLERK OF U--'' COURT FOR THE COURT