STATE OF LOUISIANA NO. 25-K-421 VERSUS FIFTH CIRCUIT DEMOND FRANKLIN COURT OF APPEAL STATE OF LOUISIANA

September 16, 2025 Susan Buchholz Chief 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 STEPHEN C. GREFER, DIVISION "J", NUMBER 23-595 Panel composed of Judges Susan M. Chehardy, Scott U. Schlegel, and Timothy S. Marcel

WRIT GRANTED IN PART AND DENIED IN PART; STAY LIFTED On the showing made, we cannot say that the trial court abused its discretion by granting the defendant’s motion in limine to prohibit the State from mentioning the mandatory life sentence for the crime charged to the jury during voir dire. See La. C.Cr.P. art. 786.

Defendant has implicitly asserted in his motion in limine that he will not be mentioning the mandatory life sentence nor be requesting a jury charge. However, because we do not have a transcript of the arguments or the ruling as the trial is in progress, we grant the writ application in part to instruct the trial court to inquire as to whether the defendant intends to mention the sentence or request a jury instruction informing the jury of the mandatory life sentence. If the defendant intends to request such a charge, then the State should be permitted to voir dire the prospective jurors to determine whether they are able to follow the law due to the nature of the sentence.

Accordingly, the State’s writ application is granted in part and denied in part as explained above, and the stay is lifted.

Gretna, Louisiana, this 16th day of September, 2025.

SUS SMC TSM

25-K-421 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. TRAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL 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 09/16/2025 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:

25-K-421 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen C. Grefer (DISTRICT JUDGE) Gregory Q. Carter (Respondent) Thomas J. Butler (Relator) Darren A. Allemand (Relator) MAILED Honorable Paul D. Connick, Jr. (Relator) District Attorney Twenty-Fourth Judicial District Derbigny Street Gretna, LA 70053