Opinion
NO. 2017 KW 1008
08-31-2017
STATE OF LOUISIANA v. TODD A. BENNETT
In Re: Todd A. Bennett, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 576,716. BEFORE: GUIDRY, PETTIGREW, AND CRAIN, JJ.
WRIT DENIED AS MOOT. The St. Tammany Parish District Court Clerk's Office record reflects that prior to the filing of this writ, on July 17, 2017, the parties appeared in court and the sanity commission's reports were filed into the record under seal. Therefore, the relief that relator seeks herein is moot. Furthermore, defense counsel has no constitutional right to be present at or to record the sanity commission proceedings. See United States v. Cohen, 530 F.2d 43, 47-48 (5th Cir.), cert. denied, 429 U.S. 855, 97 S.Ct. 149, 50 L.Ed.2d 130 (1976). See also State v. Breaux, 337 So.2d 182, 186 (La. 1976)(on rehearing); State v. Verret, 2006-1337 (La. App. 1st Cir. 3/23/07), 960 So.2d 208, 215, writ denied, 2007-0830 (La. 11/16/07), 967 So.2d 520.
JMG
JTP
WJC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT