State v. Ward
Supreme Court of Louisiana
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
- State v. BourqueSupreme Court of Louisiana · 1993
- State v. TuesnoSupreme Court of Louisiana · 1982
3Cited by4 opinions
- State v. TuckerLouisiana Court of Appeal · 2015
- State of Louisiana v. Charles MiddletonLouisiana Court of Appeal · 2019
- State v. MiddletonLouisiana Court of Appeal · 2019
- State v. MiddletonLouisiana Court of Appeal · 2019