State v. James
Louisiana Court of Appeal
569 So. 2d 135 (1990)
- Written by Abby Roughton, JD
Facts
On May 8, 1988, a sheriff’s deputy approached Paul James (defendant). The deputy saw James drop a small piece of white paper that was later found to contain cocaine. The State of Louisiana (plaintiff) charged James with possession of cocaine. At James’s trial, James testified in his own defense and asserted that he was not in possession of cocaine on May 8. On cross-examination, the prosecutor asked James if he had ever used cocaine. James’s counsel objected to the question, but the prosecutor argued that James’s choice to testify subjected the entirety of James’s character to cross-examination. The prosecutor also argued that in drug cases, evidence of the defendant’s drug use was relevant to the defendant’s credibility as a witness. The trial court overruled defense counsel’s objection and allowed the question. The prosecutor again asked James if he had used cocaine, and James said that he might have tried cocaine before. James’s counsel objected again and moved for a mistrial, but the trial court overruled the objection and denied the motion. The jury found James guilty, and he appealed to the Louisiana Court of Appeal.
Rule of Law
Issue
Holding and Reasoning (Alford, J.)
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