STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2025 Kw 1168 VERSUS MELANIE BARNETT CURTIN NOVEMBER 13, 2025 In Re: State of Louisiana, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 40759.

BEFORE: THERIOT, MILLER, AND FIELDS, JJ.

WRIT DENIED. The trial court retains its gatekeeping function during the course of trial and should continue to determine the admissibility of each item of evidence and balance its probative value versus prejudicial effect based on the presentation of evidence and its context within that presentation. State v. Smith, 2012-1560 (La. App. ist Cir. 5/2/14), 2014 WL 3510697, *7, writ denied, 2014-1171 (La. 1/16/15), 157 So.3d 1127; See La. Code Evid. art. 403; See also Huddleston v. United States, 485 U.S. 681, 690- 91, 108 S.Ct. 1496, 1502, 99 L.Ed.2d 771 (1988). Our prior opinion in State v. Curtin, 2022-1110 (La. App. lst Cir. 10/5/23), 376 So.3d 918, writ denied, 2023-01464 (La. 4/23/24), 383 So.3d 603, does not hamstring the trial court, nor does it serve as carte blanche authority to admit or as an instruction to deny evidence.

At trial, the admissibility of the evidence remains subject to all other standards for admissibility under La. Code Evid. arts. 403, 404, 412, 607, 608, and 613. State v. Bolden, 2021-283 (La. App. Sth Cir. 6/30/21), 325 So.3d 602, 605. The trial court's answer to these questions and its corresponding rulings on the admissibility of the evidence will not be disturbed absent an abuse of discretion. State v. Guzman, 2022-0502 (La. App. 1st Cir. 11/17/22), 356 So.3d 1092, 1100, writ denied, 2022-01821 (La. 5/31/23), 361 So.3d 463.

SMM WEF Theriot, J., concurs and would deny the writ.

OURT OF APPEAL, FIRST CIRCUIT hi 4 dw AX wo EPUTY CLERK OF COURT FOR THE COURT