Office Of The Clerk Court of Appeal, First Circuit State of Louisiana v" mia-feca. org Rodd Naquin Post Office Box 4408 Clerk of Court Baton Rouge, LA 70821- 4408 Notice of Judgment and Disposition 225) 382- 3000 November 04, 2024 Docket Number: 2024 - KW - 0756 State Of Louisiana versus James Hudson Dudley

TO: Matthew Caplan J. Collin Sims Assistant District Attorney 221 22nd JDC District Attorney N. Columbia Street 701 N. Columbia Street Covington, LA 70433 Covington, LA 70433 mcaplan@22da. com

Robert C. Stern Hon Tara Farris Zeller KILLEEN & ASSOCIATES, P 701 N. Columbia Street Killeen & Stern, PC Room 2304 Poydras Street, Suite 15, Covington, LA 70433 New Orleans, LA 70130 [email protected]; bbmight( rstern@killeen- law.com

In accordance with Local Rule 6 of the Court of Appeal, First Circuit, I hereby certify that this notice of judgment and disposition and the attached disposition were transmitted this date to the trial judge or equivalent, all counsel of record, and all parties not represented by counsel.

RODD UI CLE F COURT STATE OF LOUISIANA NO. 2024 KW 0756 VERSUS

JAMES HUDSON DUDLEY I 101*104 Z 1: 1

In Re: State of Louisiana, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2940- F- 2021.

BEFORE: McCLENDON, WELCH, AND LANIER, JJ.

WRIT GRANTED. The district court' s ruling declaring La. Code Evid. art. 412 unconstitutional as applied is reversed and this matter is remanded for further proceedings. The right to present a defense does not mandate that the trial court permit the introduction of irrelevant evidence or evidence that has little probative value so that it is substantially outweighed by other legitimate considerations in the administration of justice. State v. Dillon, 2018- 0027 ( La. App. 1st Cir. 9/ 21/ 18), 2018 WL 4520463, 8( unpublished).

Evidence regarding the alleged victim' s sexual behavior other than the sexual behavior with the defendant is not admissible, particularly as there are no issues, in the case regarding semen or injuries. See La. Code Evid. art. 412( A) & F); State v. Dudley, 2023- 0421 ( La. 1st Cir. 6/ 20/ 23), App. 2023 WL 4077885 ( unpublished), writ denied, 2023- 01000 ( La. 12/ 5/ 23), 373 So. 3d 703.

PMC JEW WIL

RT OF APPEAL, FIRST CIRCUIT

Y CLERK OF COURT FOR THE COURT