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State v. Breecher

Supreme Court of Louisiana

December 8, 2014

STATE OF LOUISIANA
v.
MICHAEL BREECHER

IN RE: Breecher, Michael; - Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 13-4440; to the Court of Appeal, Fifth Circuit, No. 14-K-455; ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF JEFFERSON.

Writ Granted. The ruling of the trial court ordering the handwritten 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.

Marcus R. Clark, Bernette J. Johnson, Jeffrey P. Victory, John L. Weimer, Greg G. Guidry, Jefferson D. Hughes, III.KNOLL, J., dissents and would deny the writ.

OPINION

WRIT APPLICATION GRANTED WITH ORDER.


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