477 So. 2d 693
La.
1985

Lead Opinion

In re: Whittington, James P.; Whitting-ton, Theresa; Applying for SUPERVISORY WRITS; to the Court of Appeal, Fourth Circuit, Number C-4045; Parish of St. Bernard 34th Judicial District Court Div. “A” Number 44-246.

Prior report: 474 So.2d 41.

Denied.





Concurrence Opinion

DENNIS, J.,

concurs, but points out that the trial judge may nevertheless exclude the evidence, even though logically relevant, if its probative value is outweighed by other factors such as risk of confusion, excessive consumption of time, or undue prejudice. See State v. Ludwig, 423 So.2d 1073 (La.1983).

CALOGERO, J., would grant the writ.