STATE OF LOUISIANA v. SHANTELL MOFFETT (2024)

Writ application granted. See per curiam.

JLW

JDH

SJC

JTG

WJC

JBM

PDG

Supreme Court of Louisiana March 19, 2024

03/19/24 SUPREME COURT OF LOUISIANA No. 2024-KK-00356 STATE OF LOUISIANA VS. SHANTELL M. MOFFETT On Supervisory Writ to the Criminal District Court, Parish of Orleans PER CURIAM: Writ granted. We find the trial court erred in granting the State's motion in limine to prohibit the defense from cross-examining the complaining witness about pending charges against him with regard to whether they present a potential source of bias and interest in testifying for the State. Even in the absence of an explicit agreement with the State, a defendant may cross-examine the witness about pending charges because a witness's “hope or knowledge that he will receive leniency from the state is highly relevant to establish bias or interest.” State v. Vale, 95-1230, 95-0577, p. 4 (La. 1/26/96), 666 So.2d at 822. Accordingly, we reverse the rulings of the courts below, and we deny the State's motion in limine. The matter is remanded for further proceedings. REVERSED AND REMANDED