Opinion
22-K-455
09-23-2022
STATE OF LOUISIANA v. SHAWN BRISCOE AND LANCE MCINTYRE IN RE STATE OF LOUISIANA
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD L. FORET, DIVISION "H", NUMBER 16-5524
Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and John J. Molaison, Jr.
WRIT GRANTED
The State and the defendant Lance McIntyre seek review of the trial court's denial of their joint motion to continue the trial of this matter, which is set for September 26, 2022. Counsel for McIntyre states that he is not available for trial on September 26, 2022 as he has another criminal trial set in a different jurisdiction for that date. In addition, the writ application and corresponding exhibits indicate that the State also intends to file a writ application from the trial court's September 20, 2022 judgment denying the introduction of certain DNA evidence. The exhibits to this writ application indicate that the trial court had previously set a "backup trial date" of November 14, 2022. Given the fact that defense counsel for McIntyre is unavailable for trial on September 26, 2022, the time required for the State to adequately prepare a writ application to seek review of the exclusion of certain DNA evidence following the two day Daubert hearing, and a backup date having previously been set for this trial, this writ application is granted. It is hereby ordered that the trial currently set for September 26, 2022 is continued until November 14, 2022.
The State further requests that this Court compel the production of the transcripts of the hearings held on September 19 and 20, 2022. In conjunction with the filing of this writ application, the trial judge filed a "Motion for Leave of Court to Supplement and Respond to Fifth Circuit's Order, Dated September 22, 2022," seeking to supplement the record with portions of the transcripts of September 19 and 20, 2022. The referenced order was in response to the motion filed by the State under docket number 22-KM-445 in which this Court denied the State's request to compel the production of the September 19 and 20, 2022 transcripts. The trial judge's motion references the voluminous nature of these transcripts and explains the court's efforts to timely produce the transcripts. As this Court has now ordered the trial continued and the trial judge has in his motion stated that the complete transcripts are in the process of being prepared and that portions of the transcripts have been already forwarded to the district attorney's office, it is ordered that the complete transcripts of the hearings held on September 19 and 20, 2022 be delivered to the district attorney's office on or before September 29, 2022 at 5 p.m. Further, considering that these transcripts are necessary for preparation and consideration of the writ application seeking review of the trial court's September 20, 2022 judgment, we grant an extension of the September 23, 2022 return date, and set a new return date of October 7, 2022, for the filing of any writ application seeking review of the trial court's September 20, 2022 judgment.
JJM
SMC
FHW