STATE v. BARNES (2023)

Writ granted. Stay denied. See Per Curiam.

Writ granted; stay denied. Under the circumstances, the trial court abused its broad discretion in applying the balancing test of Code of Evidence art. 403 to exclude evidence of the prison attack committed by the codefendants on the victim/witness. Whether evidence is merely cumulative is a factor to be considered in weighing the relative probative value of proffered evidence against its prejudicial effect. State v. Tonubbee, 420 So.2d 126, 133 (La. 1982). Here, however, the record does not support a determination that the evidence is merely repetitive and cumulative. Cf. State v. Kelly, 2001-0124 (La. 6/29/01), 791 So.2d 1286 (per curiam). Instead, the record reflects that the State met its burden under La.C.E. art. 404(B) of showing that the evidence is independently relevant to the question of identity. Accordingly, we reverse the trial court's ruling excluding the evidence and we find the evidence is admissible at trial. We remand the matter for further proceedings consistent with the views expressed here. The State's request for a stay is denied.

REVERSED AND REMANDED

Weimer, C.J., would deny the request for a stay but would order the filing of an opposition prior to ruling.