State of Louisiana Versus Homer Figueroa

STATE OF LOUISIANA NO. 22-K-495

VERSUS FIFTH CIRCUIT

HOMER FIGUEROA COURT OF APPEAL

STATE OF LOUISIANA

October 17, 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 E. ADRIAN ADAMS,
DIVISION "G", NUMBER 21-1133

Panel composed of Judges Fredericka Homberg Wicker,
Robert A. Chaisson, and John J. Molaison, Jr.

WRIT GRANTED

In this writ application, the State seeks supervisory review and expedited

consideration of the trial court’s denial of the State’s Notice to Introduce Res Gestae

Evidence and its Motion in Limine to Protect the Anonymity of the Confidential

Informant. The trial court denied the State’s Notice and its Motion in Limine as

untimely.

La. C.Cr.P. art 720 provides:

Upon written motion of defendant, the court shall order the
district attorney to inform the defendant of the state's intent to offer
evidence of the commission of any other crime admissible under the
authority of Code of Evidence Articles 404 and 412.2. However, that
order shall not require the district attorney to inform the defendant of
the state's intent to offer evidence of offenses which relates to conduct
that constitutes an integral part of the act or transaction that is the
subject of the present proceeding or other crimes for which the accused
was previously convicted.

Pursuant to La. C.Cr.P. art. 720, “the State is not required to provide the

defendant with notice before introducing res gestae evidence.” State v. Richardson,

22-K-495

13-886 (La. App. 5 Cir. 5/28/14), 142 So. 3d 314, 325. Likewise, there is no notice

requirement for the filing of a motion in limine to protect the identity of a

confidential informant. Therefore, on the showing made, we grant the writ as to the

issue of timeliness. Furthermore, in that the trial court did not rule upon the merits

of either of the State’s motions, we decline to address the merits on supervisory

review as those matters are premature at this time.

Gretna, Louisiana, this 17th day of October, 2022.

FHW
RAC
JJM

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 10/17/2022 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-495
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable E. Adrian Adams (DISTRICT JUDGE)
Darren A. Allemand (Relator) Thomas J. Butler (Relator)

MAILED
James A. Williams (Respondent) Honorable Paul D. Connick, Jr. (Relator)
Attorney at Law District Attorney
706 Derbigny Street Twenty-Fourth Judicial District
Gretna, LA 70053 200 Derbigny Street
Gretna, LA 70053

•

• Complete ltemS 1, 2, and 3.
• Prtnt yow name and address on the reverse
so that we can return the oard to you.
• Attach this oam·fO the back ot the ma11p1ece,
or on the front If apace permits.
D. Is dllt.wy acldnlss cllrnnt flom Item 1? Yea
If YES, enter delivery addr8sa below: CJNo
James A. Williams
Attorney at Law
706 Derbigny Street 03'3
10-17-~~
Gretna, LA 70053
22-K-495 !

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