Supreme Court of Louisiana, 1994

State v. Lormand

State v. Lormand
Supreme Court of Louisiana · Decided July 18, 1994 · Dennis, Deny, Kimball, Marcus, Writ
638 So. 2d 1105; 1994 La. LEXIS 1901; 1994 WL 390357 (Southern Reporter, Second Series)

State v. Lormand

Opinion of the Court

In re Lormand, Linda; Leblanc, Barbara; Leblanc, Roger; — Defendant(s); applying for writ of certiorari and/or review, supervisory and/or remedial; Parish of Vermilion, 15th Judicial District Court, Div. “D”, No. 27897; to the Court of Appeal, Third Circuit, No. KW94r-0669.

Granted. The ruling of the trial court excluding evidence of prior unlawful sales of alcoholic beverages is reinstated. Even if marginally admissible under LSA-C.E. art. 404(B), the evidence should be excluded under LSA-C.E. art. 403, as the danger of unfair prejudice substantially outweighs any probative value of the evidence.

MARCUS and KIMBALL, JJ., dissent and would deny the writ. DENNIS, J., not on panel.

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