Supreme Court of Louisiana
January 08, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KENDALL BARNES & DERRICK GROVES
No. 2023-KK -00030
_ _ _ _
_ _
IN R
E: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 544- 352, Court of
Appeal, Fourth Circuit, Number(s) 2023-K-0011;
_ _ _ _ _ _
January 08, 2023
Writ granted. Stay denied. See Per Curiam.
Weimer, C.J., would deny the request for a stay but would order the filing of an
opposition prior to ruling.
WJC
SJC
JTG
JBM
PDG
01/08/2023 "See News Release 001 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-KK-00030
STATE OF LOUISIANA
VS.
KENDALL BARNES & DERRICK GROVES
On Supervisory Writ to the Criminal District Court, Parish of Orleans Criminal
PER CURIAM
Writ granted; stay denied. Under the circumstances, the trial court abused its
broad discretion in applying the balancing test of Code of Evidence art. 403 t o
exclude evidence of the prison attack committed by the codefendants on the
victim/witness. Whether evidence is merely cumulative is a factor to be considered
in weighing the relative probative value of proffered evidence against its
prejudicial effect. State v. Tonubbee , 420 So.2d 126, 133 (La. 1982). Here,
however, the record does not support a determination that the evidence is merely
repetitive and cumulative. Cf. State v. Kelly , 2001-0124 (La. 6/29/01), 791 So.2d
1286 (per curiam). Instead, the record reflects that the State met its burden under
La.C.E. art. 404(B) of showing that the evidence is independently relevant to the
question of identity. Accordingly, we reverse the trial court’s ruling excluding the
evidence and we find the evidence is admissible at trial. We remand the matter for
further proceedings consistent with the views expressed here. The State’s request
for a stay is denied.
REVERSED AND REMANDED
January 8, 2022
01/08/23