State v. Paz

In re Paz, Roger; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. K, No. 05-5720; to the Court of Appeal, Fifth Circuit, No. 07-KH-541. Denied. CALOGERO, C.J., dissents from the denial of the writ application. I would grant the writ and docket the case for oral argument to resolve relevant questions presented by this application, or at least I would grant and remand the case to the *347 court of appeal for that court to decide these issues, which include: (a) Whether the video-camera or closed-circuit television procedure used to take this defendant’s guilty plea complies with La.Code Crim. Pro. art. 556.1; (b) Whether that procedure violates the defendant’s right to be physically present at critical stages of the prosecution; and (c) Whether that procedure violates the defendant’s right to the assistance of counsel. See People v. Guttendorf, 309 Ill.App.3d 1044 , 723 N.E.2d 838 , 243 Ill.Dec. 535 (3d Dist.2000), app. denied, 188 Ill.2d 572 , 729 N.E.2d 500 , 246 Ill.Dec. 127 (Ill.2000); see also Annotation, Constitutional and Statutory Validity of Judicial Videoconferencing, 115 A.L.R.5th 509 (West 2004). JOHNSON, J., would grant.