STATE v. TORBERT (2026)

Writ granted in part. It is well settled that a trial court's “determinations regarding relevancy and admissibility should not be overturned absent a clear abuse of discretion.” State v. Mosby, 595 So.2d 1135, 1139 (La. 1992). Here, we find that the trial court clearly erred in excluding the expert testimony of Sexual Assault Nurse Examiner (“SANE”) Denise Guy, RN.¹ The trial court's judgment is therefore reversed, and Ms. Guy—an expert in sexual assault, sexual assault nurse examination, and trauma—shall be permitted to testify in accordance with the State's “Notice of SANE Expert.” In that regard, she may testify “regarding her report, and in relation to educating the jury on SANE evaluations, sexual assault, and trauma.” In all other respects, the State's writ application is denied and the trial court ruling is affirmed.

FOOTNOTES

FOOTNOTE.  

1.   We note that the trial court's ruling allows Ms. Guy to testify as a fact witness regarding her sexual assault examination of the victim.

PER CURIAM * FN* Judge Allison H. Penzato of the Court of Appeal, First Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District.

Hughes, J., dissents and would deny. Griffin, J., dissents and would deny. Guidry, J., dissents and would deny.