STATE of Louisiana v. David EISERT In re State of Louisiana

Syllabus

STATE of Louisiana v. David EISERT In re State of Louisiana NO. 16-K-338 Court of Appeal of Louisiana, Fifth Circuit. June 14, 2016 WRIT GRANTED; REMANDED In this criminal proceeding involving defendant's charge of sexual battery of a minor under the age of thirteen, pursuant to La. R.S. 14:43.1, relator, the State of Louisiana, seeks review of the trial court's denial of its motion in limine . In its motion, the State sought to exclude evidence that the minor victim's mother previously made an allegedly false accusation of sexual abuse pertaining to her other minor daughter against that daughter's biological father, resulting in a civil lawsuit. Following oral argument on the matter, the trial court denied the State's motion. As a general rule, a party may attack the credibility of a witness by examining him or her concerning any matter having a reasonable tendency to disprove the truthfulness of his or her testimony. La. C.E. art. 607(C). In cases involving sexually assaultive behavior, however, La. C.E. art. 412 bars the introduction of evidence of the victim's past sexual behavior, except under limited circumstances as set forth in the Article. Nevertheless, the Louisiana Supreme Court has held that Article 412 is "inapplicable in sexual assault cases where defendant seeks to question witnesses regarding the victim's prior false allegations concerning sexual behavior for impeachment purposes." State v. Smith , 98-2045 (La. 9/8/99), 743 So.2d 199, 203. In considering a mot