State v. Stogner

Supreme Court of Louisiana
State v. Stogner, 855 So. 2d 742 (La. 2003)
2003 La. LEXIS 2846
Deny, Johnson, Writ

State v. Stogner

Opinion of the Court

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. D, No. 99-K-4348 D; to the Court of Appeal, Third Circuit, No. KA 03-1272.

Writ granted. Because it appears that defendant’s Motion to View Pre-Sentence Investigation Report and Proffered Exhibit # 1 was granted by order of a single judge of the court of appeal, it is ordered that the action be vacated and this matter remanded to the court of appeal for consideration of the motion by a three judge panel, after providing the parties with an appropriate opportunity to brief the issue. State v. Will, 02-2363 (La.9/13/02), 824 So.2d 1192; Gootee Const. Inc. v. Amwest Sur. Ins. Co., 2000-2341 (La.11/13/00), 775 So.2d 1044. Briefing on the merits of the appeal is stayed pending the court of appeal’s resolution of the defendant’s motion.

JOHNSON, J., would deny the writ.

Reference

Full Case Name
STATE of Louisiana v. Aaron STOGNER
Status
Published