Recent Development by Chandra S. Menon
New Orleans police officer Jody L. Tolbert was charged with one count of aggravated crime against nature in violation of state law. At a hearing the victim testified that Tolbert, while on duty, stopped her as she left a store, drove her home, and forced her to perform oral sex on him.
After learning that the victim had been convicted of municipal violations including prostitution and lewd conduct, Tolbert provided notice that he intended to use the convictions to attack the victim's credibility pursuant to article 609.1 of the Louisiana Code of Evidence. The State opposed the motion, citing a Louisiana Supreme Court interpretation of 609.1's predecessor for the holding that municipal convictions are inadmissible for attacks on witness credibility. The trial court, while acknowledging that felony and misdemeanor convictions could be admitted, agreed with the State that municipal convictions were inadmissible under Louisiana law. Tolbert appealed. The court of appeal denied the writ and Tolbert appealed to the Louisiana Supreme Court. In reversing the trial court, and overruling its prior decision, the Louisiana Supreme Court held that evidence of municipal convictions is admissible to impeach a witness's credibility in criminal cases. State v. Tolbert, 849 So. 2d 32, 38 (La. 2003).
About the Author
Chandra S. Menon.
Citation
78 Tul. L. Rev. 1719 (2004)