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State v. Handy

Court of Appeals of Louisiana, Fourth Circuit

November 21, 2018

STATE OF LOUISIANA
v.
TYRONE HANDY

          CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 514-685, SECTION "C" Honorable Benedict J. Willard, Judge

          LEON A. CANNIZZARO, JR. DISTRICT ATTORNEY, ORLEANS PARISH DONNA ANDRIEU Assistant District Attorney-Chief of Appeals MICHAEL DANON Assistant District Attorney COUNSEL FOR STATE/APPELLEE

          TIMOTHY YAZBECK SMITH & FAWER, LLC COUNSEL FOR DEFENDANT/APPELLANT

          Court composed of Chief Judge James F. McKay III, Judge Edwin A. Lombard, Judge Daniel L. Dysart

         ON REMAND FROM SUPREME COURT

          JAMES F. MCKAY III CHIEF JUDGE.

         Factual Background

         In an opinion rendered September 13, 2017, this Court reversed the defendant's conviction due to an incomplete record and remanded the case for a new trial, observing:

that the discussions of the jury challenges are not available and the record does not contain any documentation, i.e., minute entries, jury strike-sheet from which it can be determined whether there was a basis for the challenge for cause that the defense brought and was improperly denied by the trial court, thereby causing the defense to exercise a peremptory challenge against a juror. The record does not contain enough information for defendant to effectively challenge the denial of his challenge for cause.

State v. Handy, 2016-1071, p. 9 (La.App. 4 Cir. 9/13/17), 226 So.3d 1182, 1190.

         Following this Court's disposition of the case, the State sought rehearing to supplement the record with the trial court's jury panel sheet, which was submitted with a per curiam after this Court's decision, and a full transcript of the voir dire conducted on May 19, 2015. This Court denied rehearing.

         On October 26, 2017, the State sought supervisory review in the Louisiana Supreme Court (No. 2016-KA-1070). The Supreme Court granted writs with the following order:

This matter is remanded to the court of appeal for supplementation of the record with the full transcript of the voir dire proceedings, the per curiam of the district court and the juror strike sheets, and for briefing, argument and opinion on defendant's assignment of error ...

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