2023-KK-00461 Precedential Remanded Processed

State Of Louisiana v. John Honore, Et Al.

Louisiana Supreme Court · Filed April 4, 2023

Opinion text

Supreme Court of Louisiana
April 04, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JOHN HONORE, ET AL.
No. 2023-KK-00461
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I
N RE: Briniyah Baker - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of Orleans Criminal, Criminal District Court Number(s) 554- 135, Court of
Appeal, Fourth Circuit, Number(s) 2023-K-0204;
_ _ _ _ _ _
April 04, 2023
Stay lifted. Writ application granted. See per curiam.
Weimer, C.J., additionally concurs and assigns reasons.
Crain, J., dissents and assigns reasons.
McCallum, J., dissents.
JLW
JDH
SJC
JTG
PDG

SUPREME COURT OF LOUISIANA
No. 2023-KK-00461
STATE OF LOUISIANA
VS.
JOHN HONORE, ET AL.
On Writ of Certiorari to the Court of Appeal,
Fourth Circuit, Parish of Orleans
PER CURIAM
Writ granted; stay lifted. The court of appeal correctly determined that the
district court erred in excluding the State’s DNA and fingerprint evidence . We
reverse the ruling of the court of appeal only to the extent it found no abuse of
discretion in the trial court’s denial of a continuance. Under the circumstances, the
trial court abused its discretion in denying the motion to con tinue. See La. C.Cr.P.
arts. 707 et seq.; see also La. C.Cr.P. art. 713 cmt. a. The trial court’s ruling is hereby
vacated and the case is remanded for further proceedings and the setting of a new
trial date that will afford the defendants additional time to respond to the State’s
DNA and fingerprint evidence . The stay previously issued by this court is hereby
lifted.
REVERSED AND REMANDED
April 4, 2023