In re Watson, Ryan;' — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 01-5026; to the Court of Appeal, Fifth Circuit, No. 05-KH-440.

This application is transferred to the Fifth Circuit Court of Appeal for eonsider-ation pursuant to the procedures outlined in that court’s en banc resolution of September 9, 2008. See State v. Cordero, 08-1717 (La.10-03-08), 993 So.2d 203.

concurs in part and dissents in part for the reasons assigned in State v. Cordero, 08-1717 (La.10-03-08), 993 So.2d 203.