Opinion
2022 KW 0894
08-25-2022
STATE OF LOUISIANA v. HENDERSON WESLEY
In Re: Wesley Henderson, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 15-CR-194738.
BEFORE: McDONALD, McCLENDON, AND HOLDRIDGE, JJ.
WRIT GRANTED. The trial court's ruling denying relator's "Reverse 404B Motion" is reversed. Louisiana Code of Evidence article 404(B) allows evidence to be offered of a witness's other crimes and bad acts when such is offered for such purposes as proof of opportunity, intent, preparation, plan, knowledge, and identity. See State v. Terrio, 2018-421 (La.App. 5th Cir. 8/7/18), 2018 WL 3748409, at *2. In this case, pursuant to relator's constitutional right to present a defense, to which evidentiary rules must sometimes yield, see State v. Williams, 2019-00490 (La. 4/3/20), 2020 WL 1671569, at *4, cert. denied,___ U.S.___, 141 S.Ct. 1377, 209 L.Ed.2d 123 (2021), relator established his intent to use evidence of the witness's recent arrest to prove the witness was the actual person who committed the murder for which relator is charged. As such, the evidence should be allowed.
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