STATE OF LOUISIANA NO. 2023 KW 1129 VERSUS

DARRELL W. HARRIS, JR. JANUARY 18, 2024

In Re: Darrell W. Harris, Jr., applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 230593.

BEFORE: GUIDRY, C. J., CHUTZ AND LANIER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. This matter is remanded to the district court to hold a contradictory hearing to determine whether defense counsel wishes to adopt relator' s motion.

If counsel does not wish to adopt relator' s motion, the district court is instructed to evaluate the motion' s disruptive potential in light of State v. Melon, 95- 2209 ( La. 9/ 22/ 95), 660 So. 2d 466 before determining whether to conduct a hearing consistent with State v. Alexander, 2007- 1236 ( La. 3d Cir. App. 4/ 9/ 08), 980 So. 2d 877. See State v. Thibodeaux, 2017- 0705 ( La. 12/ 6/ 17), 236 So. 3d 1253, 1256 ( per curiam). Further, the request for a preliminary hearing was made in this court in the first instance and is, therefore, denied. See State v. Revish, 2019- 01732 ( La. 10/ 1/ 20), 340 So. 3d 864, 868 ( per curiam) (" The general rule is that appellate courts will not consider issues raised for the first time on [ review].")

JMG WRC WIL

URT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT FOR THE COURT