25-K-50 Nonprecedential Writ Denied Processed

State of Louisiana Versus Roberto Lopez

Louisiana Court of Appeal, Fifth Circuit · Filed February 5, 2025

Opinion text

STATE OF LOUISIANA NO. 25-K-50

VERSUS FIFTH CIRCUIT

ROBERTO LOPEZ COURT OF APPEAL

STATE OF LOUISIANA

February 05, 2025

Susan Buchholz
Chief Deputy Clerk

IN RE ROBERTO LOPEZ

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 21-5762

Panel composed of Judges Marc E. Johnson,
Stephen J. Windhorst, and John J. Molaison, Jr.

WRIT DENIED

The relator, Roberto Lopez, is charged in a three-count indictment with
sexual battery and the aggravated rape of a minor. In this writ application, he
argues that the trial court erred in ruling that he cannot question the victim about
other alleged and unspecified sexual encounters.

Unlike the cases cited in the relator’s brief, we do not have the benefit of a
record before us. There is no transcript of the proceedings from which we can
determine the merits of the trial court’s ruling on the line of questioning. On the
showing made, the relator has not provided this Court with a basis for granting
relief. We note, however, that in the event of a conviction, the relator will have an
adequate remedy on appeal.

Gretna, Louisiana, this 5th day of February, 2025.

JJM
MEJ
SJW

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. WISEMAN
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 02/05/2025 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-50
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable E. Adrian Adams (DISTRICT JUDGE)
Mark D. Plaisance (Relator) Thomas J. Butler (Respondent)
Darren A. Allemand (Respondent)

MAILED
Remy V. Starns (Relator) Christen E. DeNicholas (Relator) Marcus J. Plaisance (Relator)
Attorney at Law Attorney at Law Attorney at Law
301 Main Street 848 Second Street Post Office Box 1123
Suite 700 Gretna, LA 70053 Prairieville, LA 70769
Baton Rouge, LA 70825

Zachary L. Grate (Respondent)
Assistant District Attorney
Twenty-Fourth Judicial District
200 Derbigny Street
Gretna, LA 70053