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STATE of Louisiana v. Kenneth R. MORGAN

Louisiana Supreme Court2009-02-05No. No. 2009-KK-0261
999 So. 2d 766

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Opinion

majority opinion

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. D, No. 1547-07; to the Court of Appeal, First Circuit, No. 2009 KW 0252.

Writ granted. There is no showing that the defendant was prejudiced by the late disclosure of the witnesses’ statements; thus, the trial court did not abuse its discretion in denying the motion for a mistrial. Accordingly, the court of appeal’s ruling is hereby vacated and the ruling of the district court denying the motion for a mistrial is reinstated. Case remanded to district court for further proceedings.

JOHNSON, J., would deny the writ.