State Of Louisiana v. Timothy Thibodeaux

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 0978 VERSUS TIMOTHY THIBODEAUX SEP 17 2019 In Re: State Of Louisiana, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 475003. BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ. WRIT GRANTED. The district court' s ruling granting defendant' s motion to correct error is reversed. The Louisiana Supreme Court in State v. Thibodeaux, 2016- 0994 ( La. 10/ 27/ 17), 227 So. 3d 811, 812 ( per curiam), held: ( 1) defendant did not raise a standalone confrontation violation claim in his application for postconviction relief and La. R. S. 15: 440. 5 is not unconstitutional on its face; ( 2) defendant made no showing at the evidentiary hearing that the child victims were unavailable to testify at trial; ( 3) defendant failed to prove resultant prejudice because he made no showing that the children' s testimony would have been different if called to testify at trial. The rulings by the Louisiana Supreme Court addressing the issues raised in defendant' s motion constitute the law of the case and were not subject to further inquiry by the district court. See State v. Chandler, 2017- 0962 ( La. App. 1st Cir. 12/ 21/ 17), 240 So. 3d 950 , 952- 53. VGW WJC Guidry, J., dissents and would deny the writ application on the showing made. CO RT OF APPEAL, FIRST CIRCUIT D P T CLEROOF COURT FOR THE COURT