Opinion
2023 KW 1289
12-14-2023
STATE OF LOUISIANA v. ALEXANDER R. FOREMAN
In Re: State of Louisiana, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 21-209647.
BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.
Holdridge, J., retired, serving pro tempore, by special appointment of the Louisiana Supreme Court.
WRIT GRANTED. A mistrial is a drastic remedy that should be granted only when the defendant suffers such substantial prejudice that he has been deprived of any reasonable expectation of a fair trial. State v. Battley, 2022-0940 (La.App. 1st Cir. 7/6/23), 371 So.3d 94, 104. There was no distinct or recognizable reference to the severed other crime and relator was not prejudiced where the detective's comment was in direct response to a question but he did not provide any explanation or elaboration regarding the severed offense. See State v. Lagarde, 2007-123 (La.App. 5th Cir. 5/29/07), 960 So.2d 1105, 1114, writ denied, 2007-1650 (La. 5/9/08), 980 So.2d 684. Accordingly, the district court's ruling granting the motion for mistrial is reversed and this matter is remanded for further proceedings.
JEW
GH
EW