STATE OF LOUISIANA NO. 22-K-455 VERSUS FIFTH CIRCUIT SHAWN BRISCOE AND LANCE MCINTYRE COURT OF APPEAL STATE OF LOUISIANA

September 23, 2022 Linda Wiseman First Deputy Clerk

IN RE STATE OF LOUISIANA APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD L. FORET, DIVISION "H", NUMBER 16-5524

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and John J. Molaison, Jr.

WRIT GRANTED The State and the defendant Lance McIntyre seek review of the trial court’s 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 court’s 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 Circuit’s 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 State’s request to compel the production of the September 19 and 20, 2022 transcripts.

The trial judge’s motion references the voluminous nature of these transcripts and 22-K-455 explains the court’s 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 attorney’s office, it is ordered that the complete transcripts of the hearings held on September 19 and 20, 2022 be delivered to the district attorney’s 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 court’s 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 court’s September 20, 2022 judgment.

Gretna, Louisiana, this 23rd day of September, 2022.

JJM SMC FHW

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER INTERIM CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

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 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) Honorable Donald L. Foret (Respondent) Honorable Paul D. Connick, Jr. (Relator) Attorney at Law Judge Division "H" District Attorney Whitney Avenue 24th Judicial District Court Twenty-Fourth Judicial District Suite 406 5th Floor, Suite 5600 200 Derbigny Street Gretna, LA 70053 Gretna, LA 70053 Gretna, LA 70053 • Complete Items 1, 2, anc:l 3. • Print yoLM" name and address on the reverse so that we can return the cald to you. • Attach this card to the back of the mallplece, or on the front If space permits.

1. Article Addres8ed to: D. Is delivery addr8sa dll'lerent from Item 1?

HYES, enter dellvery addl9B8 below: 0 No Anthony J. Angelette, Jr. Attorney at Law l Whit.uey Avenue, Suite 406 Gretna, JJa 70053 22-K-45tlw 09-2.3-22

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