Opinion
23-K-113
03-06-2023
STATE OF LOUISIANA v. LEON BROOKS IN RE LEON BROOKS
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 18-3382,18-6225, & 18-6466
Panel composed of Judges Fredericka Homberg Wicker, Robert A. Chaisson, and John J. Molaison, Jr.
WRIT GRANTED; STAY GRANTED
In this emergency joint writ application filed by both the State and the defense, both parties seek review of the trial court's denial of their joint motion to continue the trial in this case. In the joint motion filed in the 24th Judicial District Court, defense counsel, as an officer of the court, represented to the trial court that defendant's expert, Dr. Daphne Glindmeyer, was unable to produce her expert report addressing the sanity of defendant at the time of the offenses due to "personal reasons." Defense counsel further represented that Dr. Glindmeyer had been unable to evaluate defendant until December 22, 2022, and had requested additional records and time to review same in order to properly form her opinion as to the defendant's competency at the time of the offense and to draft her expert report. Likewise, the assistant district attorney for the Parish of Jefferson, as an officer of the court, informed the trial court that she is currently participating in a serious felony trial in another division that is not expected to conclude until at least Wednesday, March 8, 2023. The writ application reflects that both the state and defense jointly sought the continuance of this case stating as officers of the court serious grounds necessitating the continuance of trial.
Considering the serious nature of the offenses with which the defendant is charged and further considering the nature of defendant's plea and defense, and in accordance with the Supreme Court's relevant guidance in State v. Watson, 22-00719 (La. 5/1/22), 338 So.3d 1169, we find that the trial court abused its discretion in denying the joint motion to continue trial. Accordingly, the writ application is granted. We further stay the proceedings until March 10, 2023, the date when defense counsel, an officer of the court, has indicated that Dr. Glindmeyer's report will be completed. The trial court is ordered to set the matter for trial on the next available and reasonable trial date thereafter.
JJM
FHW
RAC