State v. Hart

Supreme Court of Louisiana November 12, 2002

State v. Hart, 829 So. 2d 410 (La. 2002)

2002 La. LEXIS 3359; 2002 WL 31557037

Deny, Kimball, Knoll, Traylor, Writ

Opinion of the Court

In re Hart, Burnell Sr.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 427-717; to the Court of Appeal, Fourth Circuit, No. 2002-K-2225.

Writ granted. On the present record, we are unable to determine whether the trial court acted with knowledge of the witness’ restored competence. Therefore, this matter is remanded to the trial court for reconsideration of the motion for continuance in light of the apparently recently discovered evidence of the witness’ restored competence.

KIMBALL, J., would deny the writ. TRAYLOR, J., would deny the writ. KNOLL, J., would deny the writ.

Reference

Full Case Name: STATE of Louisiana v. Burnell HART, Sr.
Status: Published