The State and the defendant Lance McIntyre seek review of the trial courts denial of their joint motion to continue the trial of this matter, which is set for September 26, 2022. Counsel for McIntyre states that he is not available for trial on September 26, 2022 as he has another criminal trial set in a different jurisdiction for that date. In addition, the writ application and corresponding exhibits indicate that the State also intends to file a writ application from the trial courts September 20, 2022 judgment denying the introduction of certain DNA evidence. The exhibits to this writ application indicate that the trial court had previously set a “backup trial date” of November 14, 2022. Given the fact that defense counsel for McIntyre is unavailable for trial on September 26, 2022, the time required for the State to adequately prepare a writ application to seek review of the exclusion of certain DNA evidence following the two day Daubert hearing, and a backup date having previously been set for this trial, this writ application is granted. It is hereby ordered that the trial currently set for September 26, 2022 is continued until November 14, 2022. The State further requests that this Court compel the production of the transcripts of the hearings held on September 19 and 20, 2022. In conjunction with the filing of this writ application, the trial judge filed a “Motion for Leave of Court to Supplement and Respond to Fifth Circuits Order, Dated September 22, 2022,” seeking to supplement the record with portions of the transcripts of September 19 and 20, 2022. The referenced order was in response to the motion filed by the State under docket number 22-KM-445 in which this Court denied the States request to compel the production of the September 19 and 20, 2022 transcripts. The trial judges motion references the voluminous nature of these transcripts and explains the courts efforts to timely produce the transcripts. As this Court has now ordered the trial continued and the trial judge has in his motion stated that the complete transcripts are in the process of being prepared and that portions of the transcripts have been already forwarded to the district attorneys office, it is ordered that the complete transcripts of the hearings held on September 19 and 20, 2022 be delivered to the district attorneys office on or before September 29, 2022 at 5 p.m. Further, considering that these transcripts are necessary for preparation and consideration of the writ application seeking review of the trial courts September 20, 2022 judgment, we grant an extension of the September 23, 2022 return date, and set a new return date of October 7, 2022, for the filing of any writ application seeking review of the trial courts September 20, 2022 judgment. Gretna, Louisiana, this 23rd day of September, 2022.
JJM
SMC
FHW
FIFTH CIRCUIT
101 DERBIGNY STREET (70053)
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054
www.fifthcircuit.org
SUSAN M. CHEHARDY CHIEF JUDGE
FREDERICKA H. WICKER
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON
STEPHEN J. WINDHORST
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. JUDGES
CURTIS B. PURSELL CLERK OF COURT
SUSAN S. BUCHHOLZ INTERIM CHIEF DEPUTY CLERK
LINDA M. WISEMAN FIRST DEPUTY CLERK
MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF
(504) 376-1400
(504) 376-1498 FAX
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 09/23/2022 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-455
CURTIS B. PURSELL CLERK OF COURT
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald L. Foret (DISTRICT JUDGE)
Anna L. Friedberg (Respondent)
Thomas J. Butler (Relator)
Darren A. Allemand (Relator)
MAILED
Anthony J. Angelette, Jr. (Respondent)
Attorney at Law
401 Whitney Avenue
Suite 406
Gretna, LA 70053
Honorable Donald L. Foret (Respondent)
Judge Division “H”
24th Judicial District Court
5th Floor, Suite 5600
Gretna, LA 70053
Honorable Paul D. Connick, Jr. (Relator)
District Attorney
Twenty-Fourth Judicial District
200 Derbigny Street
Gretna, LA 70053