State v. Breecher

Supreme Court of Louisiana
State v. Breecher, 156 So. 3d 39 (La. 2014)
2014 WL 7178905
Deny, Knoll, Writ

State v. Breecher

Opinion of the Court

In re Breecher, Michael; โ€” Defendant; Applying For Supervisory and/or Remedi*40al Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 13-4440; to the Court of Appeal, Fifth Circuit, No. 14-K-455.

Writ granted. The ruling of the trial court ordering the handwriting exemplar is reinstated. La. Const. Art. 1 ยง 16 (A criminal defendant has a constitutional right to present a defense); La.C.Cr.P. arts. 731 and 732 (A trial court has the authority to issue subpoenas and subpoenas duces tecum during pre-trial discovery proceedings); La.C.E. arts. 401 and 607(D). (Evidence of witness bias is relevant and admissible.) The evidence sought satisfies the criteria set forth in State v. Marcelin, 10-2036 (La.10/15/10), 46 So.3d 191.

KNOLL, J., dissents and would deny the writ.

Reference

Full Case Name
STATE of Louisiana v. Michael BREECHER
Status
Published