State Of Louisiana v. Charles Fair

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2026 KW 0135

VERSUS

CHARLES FAIR FEBRUARY 5, 2026

In Re: Charles Fair, applying for supervisory writs, 23rd
Judicial District Court, Parish of Assumption, No. 24-
51.

BEFORE : THERIOT, BALFOUR, AND HAGGERTY,! JJ.

STAY DENIED. WRIT GRANTED. The written motion to continue
trial filed on August 5, 2025, wherein the defense noted the new
DNA has significance to relator’s claim that he acted in self-
defense, was sufficient to place the State on notice that relator
intended to present the justification of self-defense at trial
pursuant to La. Code Crim. P. art. 390. Furthermore, relator has
a right to present a defense as guaranteed by the Sixth Amendment
to the United States Constitution and Article I, § 16 of the
Louisiana Constitution. Accordingly, the district court’s ruling
precluding the defense from presenting the justification of self-
defense during voir dire and at trial is reversed and this matter
is remanded for further proceedings.

MRT
KEB

Haggerty, J., dissents and would deny the writ. Any defendant
intending to assert the justification of self-defense pursuant to
La. R.S. 14:19 or 14:20 shall provide written notice to the
district attorney within ten days after the state has moved for
discovery under Article 724. Relator failed to provide written
notice within the time delay.

" CQURT OF APPEAL, FIRST CIRCUIT

on BU

Cyrene CLERK OF COURT

FOR THE COURT

| Haggerty, J., serving pro tempore, by special appointment of the Louisiana
Supreme Court.