APPLICATION FOR WRITS DIRECTED TO CRIMINAL DISTRICT COURT
ORLEANS PARISH NO. 503-161, SECTION "I" Honorable
Karen K. Herman, Judge
A. CANNIZZARO, JR. District Attorney Parish of Orleans KYLE
DALY Assistant District Attorney Parish of Orleans ORLEANS
PARISH DISTRICT ATTORNEY'S OFFICE COUNSEL FOR RELATOR/
STATE OF LOUISIANA
Collins Thomas Frampton ORLEANS PUBLIC DEFENDER'S OFFICE
COUNSEL FOR RESPONDENT
composed of Judge Joy Cossich Lobrano, Judge Tiffany G.
Chase, Judge Dale N. Atkins.
ATKINS, J., CONCURS IN THE RESULT.
Cossich Lobrano, Judge.
State of Louisiana ("State"), seeks review of the
district court's February 7, 2018 ruling, which found
defendant, Troy Taylor ("Defendant"), was entitled
to production of the full transcript of the grand jury
proceedings that resulted in his superseding grand jury
indictment. Upon review, we find that the district court
erred in ordering the disclosure of the transcript.
Therefore, the State's writ is granted, and the district
court's ruling is reversed.
January 13, 2011, the State filed a bill of information
charging Defendant with one count of forcible (second degree)
rape, one count of second degree kidnapping, and one count of
aggravated crime against nature. On August 22, 2011, the
State dismissed the aggravated crime against nature charge.
Defendant was tried before a jury on August 22-23, 2011. The
State presented, inter alia, the testimony of the
victim, S.B., who swore that on August 30, 1994, after she
accepted a ride home from Defendant, he drove her to a
secluded area, forced her to perform oral sex, and then
vaginally raped her. Defendant was found guilty as charged.
On direct appeal, this Court vacated the kidnapping
conviction as untimely instituted, but affirmed the rape
conviction, finding that the issue as to whether the rape
charge was timely instituted was not preserved for appeal
because counsel did not file a motion to quash that charge.
State v. Taylor, 12-0345 (La.App. 4 Cir. 6/26/13),
118 So.3d 65, 86, writ denied, 13-1830 (La.
2/28/14), 134 So.3d 1169.
this Court reversed the district court's ruling denying
Defendant's application for post-conviction relief and
vacated the rape conviction as well, finding Defendant's
counsel rendered constitutionally ineffective assistance for
neglecting to file a motion to quash. State v.
Taylor, 16-1252 (La.App. 4 Cir. 4/6/17), writ
denied, 17-0684 (La. 6/16/17), 221 So.3d 245,
reconsideration not considered, 17-0684 (La. 7/27/17),
222 So.3d 720. After the Louisiana Supreme Court denied
review, the State obtained a superseding grand jury
indictment charging Defendant with aggravated (first degree)
rape and aggravated kidnapping, charges which may be
instituted at any time. See La. R.S. 14:42; La. R.S.
14:44; La. C.Cr.P. art. 571.
19, 2017, Defendant filed a motion to quash, arguing that the
indictment was improperly allotted. This motion was denied,
and this Court and the Louisiana Supreme Court denied
Defendant's writ application. State v. Taylor,
17-640 (La.App. 4 Cir. 8/2/17); State v. Taylor,
17-1820 (La. 12/15/17), 231 So.3d 635. On September 20, 2017,
Defendant filed numerous motions to quash on various grounds,
including a "Motion to Quash for Prosecutorial
Misconduct, and Request for Evidentiary Hearing and/or
Disclosure of Grand Jury Transcript, " and a
"Motion to Quash Pursuant to Articles 485 and
532(5)." In the motion alleging prosecutorial
misconduct, Defendant argues that the indictment should be
quashed and/or the grand jury transcripts disclosed based
upon the following accusations: (1) the State presented false
testimony at trial from S.B. and E.C. regarding their prior
convictions, where such testimony was presented to the grand
jury; (2) S.B. told police in 1994 that she was vaginally
raped in the front seat of vehicle but testified it occurred
in the back seat; this information was not presented to the
grand jury; (3) the grand jury was improperly instructed with
the 2017 version of the aggravated (first degree) rape
statute, La. R.S. 14:42, rather than the 1994 version in
existence at the time of the offense; (4) the recent
indictment initially listed Count 2 as "second degree
kidnapping" rather than "aggravated
kidnapping;" and (5) the evidence presented at trial and
described in the discovery materials did not support the
charges of aggravated rape and aggravated kidnapping. In the
motion pertaining to articles 485 and 532(5), Defendant
reiterated some of the aforementioned arguments.
December 7, 2017, the district court ordered the State to
provide it with a copy of the grand jury transcript for an
in-camera review in order for it to fully consider
the aforementioned motions to quash; the State complied. The
district court also denied Defendant's Article 574 Motion
to Quash, but deferred ruling on the additional motions until
after the in-camera inspection.
February 7, 2018, after the review, the district court
ordered the State to disclose the full grand jury transcript
to Defendant. The district court ruled that Defendant's
need for the transcripts outweighed the interest in grand
jury secrecy stating:
This matter is before the Court on a ruling on a variety of
defense motions seeking quashal of the indictment and other
relief. Two of those motions, the Motion to Quash Pursuant to
Articles 485 and 532(5) and the Motion to Quash for
Prosecutorial Misconduct, deal with the propriety of the
proceedings before the Grand Jury in the summer of 2017. So
as to be able to fully consider these two motions and the
arguments made therein, this Court ordered the State of
Louisiana to provide transcripts of the Grand Jury
proceedings which resulted in this indictment for an in
camera inspection. Having received these transcripts on
February 5, 2018 and reviewed the representations and
testimony contained therein, this Court is of the ...