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STATE of Louisiana v. Damon Troy SKIPPER

Louisiana Supreme Court2016-05-27No. No. 2016-KK-826
193 So. 3d 151

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Opinion

majority opinion

Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. G, No. 1623-12; to the Court of Appeal, Third Circuit, No. KW 16-00332. I Writ denied.

HUGHES, J., would grant.

CRICHTON, J., additionally concurs and assigns reasons.

concurrence opinion

CRICHTON, J.,

additionally concurs and assigns reasons.

¶1 concur in the majority’s decision to deny the defendant’s writ application in this case. I write separately, however, to point out that a defendant’s constitutional right to choice of counsel is not absolute. State v. Scott, 04-1312 (La.01/19/06); 921 So.2d 904, 916. The trial court correctly found that the cumulative actions of former Judge Wilford Carter in this matter, such as signing a “trap and trace” warrant leading to the location of defendant, signing a discovery motion, and representing defendant at a sanity hearing, rose to the level of substantial participation in the defendant’s case, and therefore warrants removal as defendant’s attorney. In so ruling, I do not find the trial court abused its discretion to any extent whatsoever.