2024KW0756 Nonprecedential Writ granted Processed

State Of Louisiana v. James Hudson Dudley

Louisiana Court of Appeal, First Circuit · Filed November 4, 2024

Authorities cited

Identified automatically; this list may not be exhaustive.

  • 373 So. 3d 703 not in our corpus

Opinion text

Office Of The Clerk

Court of Appeal, First Circuit
State of Louisiana
v" mia-feca. org
Rodd Naquin
Post Office Box 4408
Clerk of Court
Baton Rouge, LA
70821- 4408
Notice of Judgment and Disposition 225) 382- 3000

November 04, 2024

Docket Number: 2024 - KW - 0756

State Of Louisiana
versus

James Hudson Dudley

TO: Matthew Caplan J. Collin Sims
Assistant District Attorney 221 22nd JDC District Attorney
701 N. Columbia Street 701 N. Columbia Street
Covington, LA 70433 Covington, LA 70433
mcaplan@22da. com

Robert C. Stern Hon Tara Farris Zeller
KILLEEN & ASSOCIATES, P 701 N. Columbia Street
Killeen & Stern, PC Room 2304
400 Poydras Street, Suite 15, Covington, LA 70433
New Orleans, LA 70130 tfzeller@stpgov.org; bbmight(
rstern@killeen- law.com

In accordance with Local Rule 6 of the Court of Appeal, First Circuit, I hereby certify that this notice of judgment and
disposition and the attached disposition were transmitted this date to the trial judge or equivalent, all counsel of record,
and all parties not represented by counsel.

RODD UI
CLE F COURT

STATE OF LOUISIANA NO. 2024 KW 0756

VERSUS

JAMES HUDSON DUDLEY I 101*104 Z 1: 1

In Re: State of Louisiana, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
2940- F- 2021.

BEFORE: McCLENDON, WELCH, AND LANIER, JJ.

WRIT GRANTED. The district court' s ruling declaring La. Code
Evid. art. 412 unconstitutional as applied is reversed and this
matter is remanded for further proceedings. The right to present
a defense does not mandate that the trial court permit the
introduction of irrelevant evidence or evidence that has little
probative value so that it is substantially outweighed by other
legitimate considerations in the administration of justice. State
v. Dillon, 2018- 0027 ( La. App. 1st Cir. 9/ 21/ 18), 2018 WL 4520463,
8( unpublished).
Evidence regarding the alleged victim' s sexual
behavior other than the sexual behavior with the defendant is not
admissible, particularly as there are no issues, in the case

regarding semen or injuries. See La. Code Evid. art. 412( A) &
F); State v. Dudley, 2023- 0421 ( La. 1st Cir. 6/ 20/ 23),
App. 2023
WL 4077885 ( unpublished), writ denied, 2023- 01000 ( La. 12/ 5/ 23),
373 So. 3d 703.

PMC
JEW
WIL

RT OF APPEAL, FIRST CIRCUIT

Y CLERK OF COURT
FOR THE COURT