State Of Louisiana v. Melanie Barnett Curtin

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 Kw 1168

VERSUS

MELANIE BARNETT CURTIN NOVEMBER 13, 2025

In Re: State of Louisiana, applying for supervisory writs, 21st
Judicial District Court, Parish of Livingston, No.
40759.

BEFORE: THERIOT, MILLER, AND FIELDS, JJ.

WRIT DENIED. The trial court retains its gatekeeping function
during the course of trial and should continue to determine the
admissibility of each item of evidence and balance its probative
value versus prejudicial effect based on the presentation of
evidence and its context within that presentation. State v. Smith,
2012-1560 (La. App. ist Cir. 5/2/14), 2014 WL 3510697, *7, writ
denied, 2014-1171 (La. 1/16/15), 157 So.3d 1127; See La. Code Evid.
art. 403; See also Huddleston v. United States, 485 U.S. 681, 690-
91, 108 S.Ct. 1496, 1502, 99 L.Ed.2d 771 (1988). Our prior opinion
in State v. Curtin, 2022-1110 (La. App. lst Cir. 10/5/23), 376
So.3d 918, writ denied, 2023-01464 (La. 4/23/24), 383 So.3d 603,
does not hamstring the trial court, nor does it serve as carte
blanche authority to admit or as an instruction to deny evidence.
At trial, the admissibility of the evidence remains subject to all
other standards for admissibility under La. Code Evid. arts. 403,
404, 412, 607, 608, and 613. State v. Bolden, 2021-283 (La. App.
Sth Cir. 6/30/21), 325 So.3d 602, 605. The trial court's answer to
these questions and its corresponding rulings on the admissibility
of the evidence will not be disturbed absent an abuse of
discretion. State v. Guzman, 2022-0502 (La. App. 1st Cir.
11/17/22), 356 So.3d 1092, 1100, writ denied, 2022-01821 (La.
5/31/23), 361 So.3d 463.

SMM
WEF

Theriot, J., concurs and would deny the writ.

OURT OF APPEAL, FIRST CIRCUIT

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EPUTY CLERK OF COURT
FOR THE COURT