CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 514-685, SECTION
"C" Honorable Benedict J. Willard, Judge
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
composed of Chief Judge James F. McKay III, Judge Edwin A.
Lombard, Judge Daniel L. Dysart
REMAND FROM SUPREME COURT
F. MCKAY III CHIEF JUDGE.
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.
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.
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 ...