State Of Louisiana v. Thomas Fife

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0902

VERSUS

THOMAS FIFE
OCT 182019

In Re: State Of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton

Rouge, No. 11- 14- 0793.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED. The trial court' s ruling excluding evidence

of the defendant' s conviction relating to the possession of

pornographic images of children is reversed and this matter is
remanded to the trial court for further proceedings. Because

the defendant is charged with sexual misconduct against a victim
who was under the age of seventeen, the defendant' s conviction

relating to the possession of pornographic images of children is
relevant for the purposes of revealing his lustful disposition

toward children. See La. Code Evid. art. 412. 2( A); State v.

E. J. F., 2008- 674 ( La. App. 3d Cir. 12/ 10/ 08), 999 So. 2d 224,

230- 31. Further, the probative value of this evidence is not

substantially outweighed by the danger of unfair prejudice,

confusion of the issues, or misleading the jury, or by
considerations of undue delay, or waste of time. See La. Code

Evid. arts. 403 & 412. 2( A).

PMC
JEW

Holdridge, J., dissents and would deny the writ

application. The trial court did not abuse its " great

gatekeeping discretion" in finding the evidence to be
inadmissible. See State v. Wright, 2011- 0141 ( La. 12/ 6/ 11), 79

So. 3d 309, 317.

COURT OF APPEAL, FIRST CIRCUIT

L a
DEPUTY CLERK OF
U--''
COURT
FOR THE COURT