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96-KO-2953 c/w 97-K-0158
State: Louisiana
Court: Supreme Court
Docket No: 96-KO-2953
Case Date: 01/01/1997
Preview:SUPREME COURT OF LOUISIANA No. 96-KO-2953 Consolidated with No. 97-K-0158 STATE OF LOUISIANA v. DONALD J. VALE On Writ of Certiorari Fifth Circuit Court of Appeal PER CURIAM:* Our prior opinion in State v. Vale, 95-0577 (La. 1/26/96), 666 So.2d 1070, sets forth the circumstances under which we found that the trial court erred by precluding either relator or his co-defendant, Gayle Neidhardt, from cross examining Michael Bergeron, the state's principal witness, on his felony arrest and pending prosecution for carrying a concealed weapon in violation of La.R.S. 14:95.1. That ruling had restricted the inquiry into

the witness's motive and interest in testifying for the state and thereby frustrated an "important function of the constitutionally protected right of cross-examination." So.2d at 1072. Id., 95-0577 at 4, 666

We nevertheless remanded the case to the court of

appeal with instructions to conduct harmless-error analysis. Id., 95-0577 at 5, 666 So.2d at 1073. On remand, the court of

appeal affirmed the convictions and life sentences of both defendants for possession of heroin with intent to distribute in violation of La.R.S. 40:966. Cir. 11/14/96), 683 So.2d 917. State v. Vale, 93-0895 (La.App. 5th The court of appeal reasoned that

with evidence "overwhelmingly one-sided in favor of the state,"

*

Johnson, J., not on panel.

Rule IV, Part 2,
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