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889 So. 2d 248

State v. Rideau

Supreme Court of Louisiana

Decided January 10, 2005

Supreme Court of Louisiana · decided 2005-01-10

Decided 2005-01-10

¶1In re State of Louisiana; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. E, No. 01-CR-015321; to the Court of Appeal, Third Circuit, No. KW 05-00021.

¶2The ruling of the trial court, redacting any former cross-examination testimony that the defense does not wish to use, is reversed. Absent an agreement between the State and the defendant to excise particular testimony, the entire testimony of a witness, including cross-examination and redirect testimony, is admissible. Nonetheless, the trial court may redact testimony relating to the defense of insanity offered at the defendant’s previous trial that is clearly irrelevant or prejudicial (i.e. without probative value) to the defendant’s defense at this trial.

CALOGERO, C.J., would deny the writ.
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