State Of Louisiana v. Donald Warden

Supreme Court of Louisiana
October 17, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DONALD WARDEN
No. 2023-KK-00898
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I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of St. Charles, 29th Judicial District Court Number(s) 20,570, Court of
Appeal, Fifth Circuit, Number(s) 23-K-242;
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October 17, 2023
Writ application granted. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
10/17/2023 "See News Release 044 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-KK-00898
STATE OF LOUISIANA
VS.
DONALD WARDEN
On Supervisory Writ to the 29th Judicial District Court, Parish of St. Charles
PER CURIAM
Writ granted. The defendant may not present the opinion of a mental health
expert, based on either a “profile” of a child sex abuser or on the results of
standardized psychological tests, that he is a moral person without deviant sexual
tendencies which might prompt pedophiliac behavior. State v. Hughes, 2002-2455
(La. 1/31/03), 841 So.2d 718, 723. Thus, the portions of Dr. Luscher’s report that
do not comply with this directive must be redacted. In particular, any discussions of
or references to the STATIC-2002 or the Multiphasic Sex Inventory II (MSI II) are
not permitted. The matter is remanded to the trial court for further proceedings in
accordance with this order. REVERSED AND REMANDED.
10/17/23