State of Louisiana Versus Shawn Briscoe and Lance McIntyre

STATE OF LOUISIANA NO. 22-K-455

VERSUS FIFTH CIRCUIT

SHAWN BRISCOE AND LANCE MCINTYRE COURT OF APPEAL

STATE OF LOUISIANA

September 23, 2022

Linda Wiseman
First Deputy Clerk

IN RE STATE OF LOUISIANA

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD L. FORET,
DIVISION "H", NUMBER 16-5524

Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and John J. Molaison, Jr.

WRIT GRANTED

The State and the defendant Lance McIntyre seek review of the trial court’s
denial of their joint motion to continue the trial of this matter, which is set for
September 26, 2022. Counsel for McIntyre states that he is not available for trial
on September 26, 2022 as he has another criminal trial set in a different jurisdiction
for that date. In addition, the writ application and corresponding exhibits indicate
that the State also intends to file a writ application from the trial court’s September
20, 2022 judgment denying the introduction of certain DNA evidence. The
exhibits to this writ application indicate that the trial court had previously set a
“backup trial date” of November 14, 2022. Given the fact that defense counsel for
McIntyre is unavailable for trial on September 26, 2022, the time required for the
State to adequately prepare a writ application to seek review of the exclusion of
certain DNA evidence following the two day Daubert hearing, and a backup date
having previously been set for this trial, this writ application is granted. It is
hereby ordered that the trial currently set for September 26, 2022 is continued until
November 14, 2022.

The State further requests that this Court compel the production of the
transcripts of the hearings held on September 19 and 20, 2022. In conjunction with
the filing of this writ application, the trial judge filed a “Motion for Leave of Court
to Supplement and Respond to Fifth Circuit’s Order, Dated September 22, 2022,”
seeking to supplement the record with portions of the transcripts of September 19
and 20, 2022. The referenced order was in response to the motion filed by the
State under docket number 22-KM-445 in which this Court denied the State’s
request to compel the production of the September 19 and 20, 2022 transcripts.
The trial judge’s motion references the voluminous nature of these transcripts and

22-K-455

explains the court’s efforts to timely produce the transcripts. As this Court has
now ordered the trial continued and the trial judge has in his motion stated that the
complete transcripts are in the process of being prepared and that portions of the
transcripts have been already forwarded to the district attorney’s office, it is
ordered that the complete transcripts of the hearings held on September 19 and 20,
2022 be delivered to the district attorney’s office on or before September 29, 2022
at 5 p.m. Further, considering that these transcripts are necessary for preparation
and consideration of the writ application seeking review of the trial court’s
September 20, 2022 judgment, we grant an extension of the September 23, 2022
return date, and set a new return date of October 7, 2022, for the filing of any writ
application seeking review of the trial court’s September 20, 2022 judgment.

Gretna, Louisiana, this 23rd day of September, 2022.

JJM
SMC
FHW

2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
INTERIM CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 09/23/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

22-K-455
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald L. Foret (DISTRICT JUDGE)
Anna L. Friedberg (Respondent) Thomas J. Butler (Relator)
Darren A. Allemand (Relator)

MAILED
Anthony J. Angelette, Jr. (Respondent) Honorable Donald L. Foret (Respondent) Honorable Paul D. Connick, Jr. (Relator)
Attorney at Law Judge Division "H" District Attorney
401 Whitney Avenue 24th Judicial District Court Twenty-Fourth Judicial District
Suite 406 5th Floor, Suite 5600 200 Derbigny Street
Gretna, LA 70053 Gretna, LA 70053 Gretna, LA 70053

• Complete Items 1, 2, anc:l 3.
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1. Article Addres8ed to: D. Is delivery addr8sa dll'lerent from Item 1?
HYES, enter dellvery addl9B8 below: 0 No
Anthony J. Angelette, Jr.
Attorney at Law
40 l Whit.uey Avenue, Suite 406
Gretna, JJa 70053
22-K-45tlw 09-2.3-22

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