STATE OF LOUISIANA NO. 2024 KW 0757

VERSUS

JARVIS LEE BOWIE AUGUST 19, 2024

In Re: Jarvis Lee Bowie, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. DC - 21- 02287.

BEFORE: GUIDRY, C. J., PENZATO AND STROMBERG, JJ.

STAY LIFTED. WRIT GRANTED. The trial court' s ruling the defense from cross- examining witness, Stephanie prohibiting Cofield, regarding her pending criminal charges is reversed. A the of a witness may examine the party attacking credibility witness concerning having any tendency to matter a reasonable

disprove the truthfulness or accuracy of his testimony. La. Code Evid. art. 607( C). " Except as otherwise provided by legislation, extrinsic evidence contradicting a witness' s testimony is admissible when offered solely to attack the credibility of a witness, unless the court determines that the probative value of the evidence on the issue of credibility is substantially confusion of outweighed by the risks of undue consumption of time, the issues, or unfair prejudice." La. Code Evid. art. 607 ( D) ( 2) ; State v. Le, 2013- 0611 ( La. App. 1st Cir. 11/ 4/ 13), 2013 WL 5935677, writ denied, 2013- 2828 ( La. 5/ 23/ 14), 140 So. 3d 724. In the instant matter, while testifying, the witness only referenced a pending charge. Therefore, evidence of any additional pending charges is admissible to attack her credibility. This matter is remanded to the trial court for further proceedings consistent

with this ruling.

M3

URT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT