State of Louisiana Versus Homer Figueroa

STATE OF LOUISIANA NO. 22-K-495

VERSUS FIFTH CIRCUIT

HOMER FIGUEROA COURT OF APPEAL

STATE OF LOUISIANA

October 17, 2022

Linda Wiseman First Deputy Clerk

IN RE STATE OF LOUISIANA

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS, DIVISION "G", NUMBER 21-1133

Panel composed of Judges Fredericka Homberg Wicker, Robert A. Chaisson, and John J. Molaison, Jr.

WRIT GRANTED

In this writ application, the State seeks supervisory review and expedited consideration of the trial court’s denial of the State’s Notice to Introduce Res Gestae Evidence and its Motion in Limine to Protect the Anonymity of the Confidential Informant. The trial court denied the State’s Notice and its Motion in Limine as untimely.

La. C.Cr.P. art 720 provides:

Upon written motion of defendant, the court shall order the district attorney to inform the defendant of the state's intent to offer evidence of the commission of any other crime admissible under the authority of Code of Evidence Articles 404 and 412.2. However, that order shall not require the district attorney to inform the defendant of the state's intent to offer evidence of offenses which relates to conduct that constitutes an integral part of the act or transaction that is the subject of the present proceeding or other crimes for which the accused was previously convicted.

Pursuant to La. C.Cr.P. art. 720, “the State is not required to provide the defendant with notice before introducing res gestae evidence.” State v. Richardson, 22-K-495 *2 13-886 (La. App. 5 Cir. 5/28/14), 142 So. 3d 314, 325. Likewise, there is no notice requirement for the filing of a motion in limine to protect the identity of a confidential informant. Therefore, on the showing made, we grant the writ as to the issue of timeliness. Furthermore, in that the trial court did not rule upon the merits of either of the State’s motions, we decline to address the merits on supervisory review as those matters are premature at this time.

Gretna, Louisiana, this 17th day of October, 2022.

FHW RAC JJM

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER INTERIM CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 10/17/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

22-K-495 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable E. Adrian Adams (DISTRICT JUDGE) Darren A. Allemand (Relator) Thomas J. Butler (Relator)

MAILED James A. Williams (Respondent) Honorable Paul D. Connick, Jr. (Relator) Attorney at Law District Attorney 706 Derbigny Street Twenty-Fourth Judicial District Gretna, LA 70053 200 Derbigny Street Gretna, LA 70053

•

• • Complete ltemS 1, 2, and 3. • Prtnt yow name and address on the reverse so that we can return the oard to you. • Attach this oam·fO the back ot the ma11p1ece, or on the front If apace permits. D. Is dllt.wy acldnlss cllrnnt flom Item 1? Yea If YES, enter delivery addr8sa below: CJNo James A. Williams Attorney at Law 706 Derbigny Street 03'3 10-17-~~ Gretna, LA 70053 22-K-495 !

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l PS Form 3811, July 2015 PSN 7530-02~ Domestic Return Receipt