State Of Louisiana v. In The Interest Of H.J.

Supreme Court of Louisiana
March 16, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
IN THE INTEREST OF H.J.
No.2020-CK-00290
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_ _ _ _
I
N RE: H.J. - Applicant Defendant; Applying For Writ Of Certiorari, Parish of
Orleans Criminal, Orleans Parish Juvenile Court Number(s) 2019- 038-03-DQ,
Court of Appeal, Fourth Circuit, Number(s) 2020-C-0047;
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March 16, 2021
Writ application granted. See per curiam.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
03/16/2021 "See News Release 010 for any Concurrences and/or Dissents."

03/16/21
S
UPREME COURT OF LOUISIANA
N
o. 2020-CK-00290
S
TATE OF LOUISIANA
I
N THE INTEREST OF H.J.
ON
WRIT OF CERTIORARI TO THE COURT OF APPEAL,
FOURTH CIRCUIT, PARISH OF ORLEANS
P
ER CURIAM:
Wr
it granted. To be entitled to a recess to secure the presence of a witness, a
party must show the actual necessity for the witness and the materiality of his expected
testimony, a probability that the witness will be available at the time to which the trial
is deferred and due diligence in attempting to procure the witness for trial. State v.
Jackson, 450 So.2d 621, 631 (La. 1984); La.C.Cr.P. art. 709. The state failed to make
such a showing, and thus the juvenile court did not abuse its discretion in denying the
state’s motion for a recess of the juvenile’s adjudication. The decision to grant or deny
a recess is within the sound discretion of the trial judge and will not be overturned on
appellate review absent a clear abuse of discretion. State v. Gordy, 380 So.2d 1347 (La.
1980); State v. Robertson, 358 So.2d 931 (La. 1978). The decision of the court of
appeal is reversed, the juvenile court’s denial of the state’s motion for a continuance is
reinstated, and the case is remanded to the juvenile court for further proceedings.
REMANDED