Opinion
No. 99-KK-0051
January 8, 1999
Court of Appeal, Fifth Circuit, Number 99KW-0024 24th Judicial District Court Div. "K" Number 98-3444
"All proceedings stayed pending further Orders of this Court."
January 13, 1999
IN RE: State of Louisiana; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; to the Court of Appeal, Fifth Circuit, Number 99KW-0024; Parish of Jefferson 24th Judicial District Court Div. "K" Number 98-3444
Stay order recalled. Writ granted. Rulings of the Court of appeal are vacated and set aside. Rulings of the trial court are reinstated. Defendant may reurge these issues on appeal in the event of conviction.
WFM
CDK
JPV
JTK
CALOGERO, C.J. dissents.
LEMMON, J. concurs. Since the disputed evidence has already been presented to the jury and the other crimes evidence issue is very close, I conclude the trial should continue and the issue can be thoroughly reviewed on appeal if there is a conviction.
JOHNSON, J. would deny in part, the defendant's statement to the parole officer should be suppressed. I would grant and set aside the court of appeal's ruling on the Prieur evidence.
TRAYLOR, J. not on panel.