State of Louisiana Versus Demond Franklin

STATE OF LOUISIANA NO. 25-K-421

VERSUS FIFTH CIRCUIT

DEMOND FRANKLIN COURT OF APPEAL

STATE OF LOUISIANA

September 16, 2025

Susan Buchholz
Chief 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
STEPHEN C. GREFER, DIVISION "J", NUMBER 23-595

Panel composed of Judges Susan M. Chehardy,
Scott U. Schlegel, and Timothy S. Marcel

WRIT GRANTED IN PART AND DENIED IN PART; STAY LIFTED

On the showing made, we cannot say that the trial court abused its discretion
by granting the defendant’s motion in limine to prohibit the State from mentioning
the mandatory life sentence for the crime charged to the jury during voir dire. See
La. C.Cr.P. art. 786.

Defendant has implicitly asserted in his motion in limine that he will not be
mentioning the mandatory life sentence nor be requesting a jury charge. However,
because we do not have a transcript of the arguments or the ruling as the trial is in
progress, we grant the writ application in part to instruct the trial court to inquire as
to whether the defendant intends to mention the sentence or request a jury
instruction informing the jury of the mandatory life sentence. If the defendant
intends to request such a charge, then the State should be permitted to voir dire the
prospective jurors to determine whether they are able to follow the law due to the
nature of the sentence.

Accordingly, the State’s writ application is granted in part and denied in
part as explained above, and the stay is lifted.

Gretna, Louisiana, this 16th day of September, 2025.

SUS
SMC
TSM

25-K-421

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL 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 09/16/2025 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:

25-K-421
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen C. Grefer (DISTRICT JUDGE)
Gregory Q. Carter (Respondent) Thomas J. Butler (Relator)
Darren A. Allemand (Relator)

MAILED
Honorable Paul D. Connick, Jr. (Relator)
District Attorney
Twenty-Fourth Judicial District
200 Derbigny Street
Gretna, LA 70053