State Of Louisiana VS Oliver James
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT OF STATE NIJMBER LOUISIANA 2013 KW 0696 VERSUS OLIVER In 1UN JAMES Re for applying Louisiana of State J U supervisory Parish 19th Judicial District Court writs East Baton Rouge No 12 0250 BEFORE PARRO RUHN AND McCLENDON prohibition against must yield to of deprived a his writ is established not absolute showing that the State La the and defendant was jury members 2d So 868 2d So 876 are not We 07 28 9 made are competent 0550 2003 writ 06 28 12 La pleadings 81 75 829 lst Cir 0211 2007 such Dunn Emanuel v App denied Unless 352 03 7 11 04 25 6 testimony has constitutional 0820 2006 23 22 particularity See juror substantial evidentiary State v Smith 2d So jurisprudence pleaded Well rights juror misconduct violating a prejudicial an constitutional will rights require See hearing at which jurors shall testify s defendant 1 JJ of allegations 2d So The GRANTED WRIT of find the 964 with testify lst Cir 0339 2004 La La denied to 952 App statement made by the juror in question did no allege or amount to prejudicial juror misconduct violating the defendant constitutional s We further note rights alleging any pleadings that the juror defendant did misconduct not Thus file an evidentiary hearing for questioning the juror regarding her statement is warranted not Accordingly the trial court s ruling permitting the juror to be questioned regarding the statement this made matter is by the remanded juror to postverdict the proceedings RHP JEK PMc COURT OF APPEAL PUTY CLERK FOR THE FIRST CIRCUIT OF COURT COURT district is reversed court for and further
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