State Of Louisiana v. Bryant Vaughn

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 1196

VERSUS

BRYANT VAUGHN Nov 12 2019

In Re: Bryant Vaughn, applying for supervisory writs,

Ascension Parish Court, Parish of Ascension, No. 577210.

BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.

WRIT DENIED ON THE SHOWING MADE.

VGW

WJC

Guidry, J., dissents and would grant the writ application.

The victim never stated that relator used any force or violence

against her, and the investigating officer failed to elaborate on the nature of the statements of the other witnesses who were

present during the incident in question. See State v. Broadway, 96- 2659 ( La. 10/ 19/ 99), 753 So. 2d 801, 808, cert. denied, 529 U. S. 1056, 120 S. Ct. 1562, 146 L. Ed. 2d 466 ( 2000). Therefore, the State failed to prove beyond a reasonable doubt that relator committed domestic abuse battery.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT