2024-K-00133 Precedential Application for rehearing granted in part. Processed

State Of Louisiana v. Larry West

Louisiana Supreme Court · Filed January 28, 2025

Also decided on this docket: La., November 6, 2024

Opinion text

Supreme Court of Louisiana
January 28, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
LARRY WEST
No. 2024-K-00133
_ _
_ _ _ _
I
N RE: Larry West - Applicant Defendant; Applying for Rehearing Parish of
Iberville, 18th Judicial District Court Number(s) 273- 18, Court of Appeal, First
Circuit, Number(s) 2023 KA 0286;
_ _ _ _ _ _
January 28, 2025
Application for rehearing granted in part. See per curiam.
PDG
JLW
JDH
JTK
WJC
JBM
JMG
01/28/2025 "See News Release 002 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-K-0133
STATE OF LOUISIANA
v.
LARRY WEST
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL
FIRST CIRCUIT, PARISH OF IBERVILLE
PER CURIAM:
Rehearing granted; writ granted in part; remanded. We vacate our previously
issued per curiam. We find that the court of appeal erred to the extent it applied a
per se rule of admissibility for autopsy reports. See Smith v. Arizona, 602 U.S. 779,
803
, 144 S.Ct. 1785, 1802, 219 L.Ed.2d 420 (2024). We grant the application in
part and remand to the court of appeal to reconsider defendant’s confrontation
clause claim in light of Smith v. Arizona.
01/28/25