State v. Breecher

Supreme Court of Louisiana

State v. Breecher

156 So. 3d 39, 2014 WL 7178905

CourtSupreme Court of Louisiana

DecidedDecember 8, 2014

DocketNo. 2014-KK-2064

StatusPublished

This text of 156 So. 3d 39 (State v. Breecher) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Breecher, 156 So. 3d 39, 2014 WL 7178905 (La. 2014).

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Opinion

In re Breecher, Michael; — Defendant; Applying For Supervisory and/or Remedi[40]*40al Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 13-4440; to the Court of Appeal, Fifth Circuit, No. 14-K-455.

Writ granted. The ruling of the trial court ordering the handwriting exemplar is reinstated. La. Const. Art. 1 § 16 (A criminal defendant has a constitutional right to present a defense); La.C.Cr.P. arts. 731 and 732 (A trial court has the authority to issue subpoenas and subpoenas duces tecum during pre-trial discovery proceedings); La.C.E. arts. 401 and 607(D). (Evidence of witness bias is relevant and admissible.) The evidence sought satisfies the criteria set forth in State v. Marcelin, 10-2036 (La.10/15/10), 46 So.3d 191.

KNOLL, J., dissents and would deny the writ.

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In re Breecher, Michael; — Defendant; Applying For Supervisory and/or Remedi[40]*40al Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 13-4440; to the Court of Appeal, Fifth Circuit, No. 14-K-455.

Writ granted. The ruling of the trial court ordering the handwriting exemplar is reinstated. La. Const. Art. 1 § 16 (A criminal defendant has a constitutional right to present a defense); La.C.Cr.P. arts. 731 and 732 (A trial court has the authority to issue subpoenas and subpoenas duces tecum during pre-trial discovery proceedings); La.C.E. arts. 401 and 607(D). (Evidence of witness bias is relevant and admissible.) The evidence sought satisfies the criteria set forth in State v. Marcelin, 10-2036 (La.10/15/10), 46 So.3d 191.

KNOLL, J., dissents and would deny the writ.

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156 So. 3d 39, 2014 WL 7178905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-breecher-la-2014.

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