State Of Louisiana v. Rory Johnson

Supreme Court of Louisiana
December 06, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
RORY JOHNSON
No. 2024-KK-01491
_ _
_ _ _ _
I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 562- 377, Court of
Appeal, Fourth Circuit, Number(s) 2024-K-0781;
_ _ _ _ _ _
December 06, 2024
Writ application granted. See per curiam.
Hughes, J., would concur.
JTK
JLW
SJC
WJC
JBM
PDG
12/06/2024 "See News Release 055 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No.
2024-KK-01491
STA
TE OF LOUISIANA
VS.
RORY JOHNSON
On S
upervisory Writ to the Criminal District Court, Parish of Orleans Criminal
P
ER CURIAM:
Writ granted for the reasons assigned by Chief Judge Love, dissenting in the
court of appeal:
While the trial court possesses gatekeeping powers to manage trial
court matters, La. C.Cr.P. art. 807 provides that “[t]he state and the
defendant shall have the right before argument to submit to the court
special written charges for the jury.” Further, the exhibits reflect that
on October 22, 2024, the trial court’s law clerk e -mailed both parties
stating, “[a]ny additional corrections or requests pursuant to the Code
of Criminal Procedure Article 807 must be provided to me in writing
by the end of the state’s case.”
S
tate v. Johnson , 24 -781 (La. App. 4 Cir. 12/6/24) (unpub’d) (Love, C.J.,
dissenting). Accordingly, we grant the State’s application, reverse the trial court’s
ruling, and remand for a contradictory hearing on the motion for a special jury
instruction pursuant to La.C.Cr.P. art. 807.
12/06/24