Opinion
2023 KW 0931
12-19-2023
STATE OF LOUISIANA v. KEVIN H. DUKES
In Re: Kevin H. Dukes, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 01-19-0491.
BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.
Holdrxdge, J., retired, serving pro tempore, by special appointment of the Louisiana Supreme Court.
STAY DENIED. WRIT DENIED.
JEW
EW
Holdridge, J., dissents and would grant the writ. The fundamental rule in Louisiana governing the use of evidence of other crimes, wrongs, or acts is, and has been, such evidence is not admissible to prove the accused committed the charged crime because he has committed other such crimes in the past or to show the probability he committed the crime in question because he is a man of criminal character. State v. Lee, 2005-2098 (La. 1/16/08), 976 So.2d 109, 139, cert, denied, 555 U.S. 824, 129 S.Ct. 143, 172 L.Ed.2d 39 (2008). The probative value of the extraneous crimes evidence must outweigh its prejudicial effect See State v. Hackett, 2022-01322 (La. 12/6/22), 350 So.3d 862,' 863 (per curiam) . While the State has noted multiple reasons for introduction of the prior murder that relator was implicated of committing, given the circumstantial nature of the evidence connecting relator to that murder, its probative value is not outweighed by its prejudicial effect. In this case, the prejudicial effect is great since the defendant has not been indicted for the alleged other murder.