Opinion
NO. 2013 KW 1414
2013-09-10
STATE OF LOUISIANA v. KENNETH LAVIGNE
In Re: Kenneth Lavigne, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 26077.
BEFORE: PETTIGREW, McDONALD AND McCLENDON, JJ.
WRIT DENIED. The trial court's finding that the grand jury foreman has authority to order recordation of the grand jury proceedings is incorrect. The district attorney, see La. Const. art. V, § 26(B); La. Code Crim. P. art. 61 and, upon motion of the defendant, the trial court in certain cases also has the authority to order recordation of the grand jury proceedings. See La. Code Crim. P. art. 17. However, there is no statutory or jurisprudence that mandates recording of the grand jury proceedings, and defendant does not indicate that he will be greatly prejudiced or that an injustice will be done if the proceedings are not recorded in this case. See State v. Lacaze, 2012-2131 (La. 6/17/13), 117 So.3d 915 (per curiam).
JMM
JTP
McClendon, J., concurs. COURT OF APPEAL, FIRST CIRCUIT ____________________
DEPUTY CLERK OF COURT
FOR THE COURT