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State v. Kitzler

SUPREME COURT OF LOUISIANA
Dec 5, 2016
308 So. 3d 705 (La. 2016)

Opinion

NO. 2016–K–1349

12-05-2016

STATE of Louisiana v. Aaron KITZLER


Denied.

HUGHES, J., would grant.

CRICHTON, J., would grant and assigns reasons.

CRICHTON, J., would grant and assigns reasons:

I would grant and docket this case so the Court could compare the record with the victim's recantations—in light of this Court's decision in State v. Maise , 2014-1912 (La. 6/30/15), 172 So.3d 639 (reh'g denied (9/11/15)). Of course, "except in rare circumstances, a motion for new trial should not be granted on the basis of a recantation since that disclaimer is tantamount to admission of perjury so as to discredit the witness at a later trial." State v. Prudholm , 446 So.2d 729, 736 (La. 1984). But, as we noted in Maise , a recantation can be problematic if the caliber of evidence corroborating the previous allegation leaves "much to be desired." 172 So.3d at 642. This matters because criminal convictions must be "supported by reliable, competent, and altogether trustworthy evidence." Id. at 647. (Crichton, J., concurring). Therefore, with access to the full record, this Court could evaluate whether the grounds for new trial under La. C.Cr.P. art. 851 have been met.


Summaries of

State v. Kitzler

SUPREME COURT OF LOUISIANA
Dec 5, 2016
308 So. 3d 705 (La. 2016)
Case details for

State v. Kitzler

Case Details

Full title:STATE OF LOUISIANA v. AARON KITZLER

Court:SUPREME COURT OF LOUISIANA

Date published: Dec 5, 2016

Citations

308 So. 3d 705 (La. 2016)

Citing Cases

Kitzler v. Hooper

. State v. Kitzler, 2016-K-1349 (La. 2016), 308 So.3d 705 (Hughes, J. would grant and Crichton, J, would…