State Of Louisiana v. Aaron Hurst
This text of State Of Louisiana v. Aaron Hurst (State Of Louisiana v. Aaron Hurst) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA NO. 2024 KW 0828
VERSUS
FWATAM0310: OCTOBER 2, 2024
In Re: State of Louisiana, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No. 21 - CR - 000783.
BEFORE: THERIOT, CHUTZ, AND HESTER, Ji.
WRIT DENIED.
MRT WRC
Hester, J., dissents and would grant the application. On a motion to sever, the burden is on the defendant. The trial court must be satisfied by convincing evidence that justice requires a severance. State v. Bradbury, 367 So. 2d 745, 747 ( La. 1978). The mere unsupported allegation that defenses will be antagonistic is not sufficient to require a severance. State v. Prudholm, 446 So. 2d 729, 741 ( La. 1984). Further, justice does not require severance where only the extent of each defendant' s participation in the offense is at issue. State v. Gaskin, 412 So. 2d 1007, 1012 ( La. 1982) ; State v. Robertson, 509 So. 2d 98, 100 ( La. App. 1st Cir. 1987). Here, I find the respondent' s mere allegation of
antagonistic defenses is not sufficient to meet his burden of
proving he will be prejudiced if jointly tried with his co-
defendant.
OURT OF APPEAL, FIRST CIRCUIT
PUTY CLERK OF COURT FOR THE COURT
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