Opinion
NO. 2015 KW 0490
03-23-2015
STATE OF LOUISIANA v. ROBERT CHOUEST
In Re: State of Louisiana, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 521702. BEFORE: McDONALD, CRAIN AND HOLDRIDGE, JJ.
WRIT GRANTED WITH ORDER. The trial court's ruling granting a mistrial is reversed. On the showing made, the trial court erred as a matter of law in granting a mistrial when the record did not establish a sequestration violation. Furthermore, if such a violation occurred, the defendant has not established material prejudice. The matter is remanded for further proceedings in accordance with this ruling.
JMM
WJC
Holdridge, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT