Legal Opinion

State v. Ward

Supreme Court of Louisiana

Decided April 25, 2011No. 2011-KK-0438PublishedCited by 4 opinions

1Opinion of the Court

PER CURIAM. *

| ^Although the defendant in a criminal trial has the right to prove his defense, including the calling of a prosecutor who is otherwise a competent witness, the prosecutor’s testimony must be relevant and material to the theory of the defense, and it must not be privileged, repetitious, or cumulative. See State v. Tuesno, 408 So.2d 1269, 1273 (La.1982). In a motion to disqualify the prosecutor, the defendant bears the burden of showing by a preponderance of the evidence that the prosecutor’s testimony is essential to the completion of his defense and that the information sought…

2Cases cited2 opinions

  1. State v. BourqueSupreme Court of Louisiana · 1993
  2. State v. TuesnoSupreme Court of Louisiana · 1982

3Cited by4 opinions

  1. State v. TuckerLouisiana Court of Appeal · 2015
  2. State of Louisiana v. Charles MiddletonLouisiana Court of Appeal · 2019
  3. State v. MiddletonLouisiana Court of Appeal · 2019
  4. State v. MiddletonLouisiana Court of Appeal · 2019

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