State Of Louisiana v. Vincent Goffnerm, Et Al.

Supreme Court of Louisiana
March 31, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
VINCENT GOFFNERM, ET AL.
No. 2023-KK-00464
_ _ _ _ _ _
IN RE: Sta
te of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 22-209, Court of Appeal,
Fifth Circuit, Number(s) 23-K-166;
_ _ _ _ _ _
March 31, 2023
Writ application granted. See per curiam.
Griffin, J., would deny.
JDH
JLW
SJC
JTG
WJC
JBM
03/31/2023 "See News Release 017 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2023-KK-00464
STA
TE OF LOUISIANA
VS.
VINCENT GOFFNERM, ET AL.
On
Supervisory Writ to the Twenty-Fourth Judicial
District Court, Parish of Jefferson
PE
R CURIAM
Writ granted. While defendant did not join in the motion for a mistrial made
by his codefendants, which was made during voir dire, the eventual grant of a
mistrial in this proceeding has been construed by the courts below as the de facto
grant of a severance. However, jointly indicted defendants are to be tried jointly
unless the court is satisfied that justice requires a severance. La.C.Cr.P. art. 704;
State v. Webb, 424 So.2d 233 (La. 1982); State v. Hodge, 457 So.2d 152 (La. App.
2 Cir. 1984), writ denied, 459 So.2d 545 (La. 1984). There has been no such showing
that a severance is appropriate and necessary here. Therefore, the court of appeal’s
ruling is reversed to the extent it declared that the trial of the remaining codefendant
could pr oceed. We declare that the mistrial, which was ordered by the court of
appeal, applies to all three codefendants.
REVERSED AND REMANDED
03/31/23