State Of Louisiana v. Donald Germany

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 Kw 0124 VERSUS

DONALD GERMANY JUNE 11, 2024

In Re: Donald Germany, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 09- 16- 0105.

BEFORE: WHIPPLE, C. J., PENZATO AND LANIER, JJ.

WRIT GRANTED. The district court' s ruling denying

relator' s motion to quash is vacated, and the matter is remanded to the district court. an in The district court is ordered to conduct camera inspection of information pertaining to the grand jury venire composed at the time of relator' s indictment to determine whether persons otherwise qualified to serve on the jury were excluded from the grand jury venire as a result of a significant error in the process by which the venire was composed. See State v. Cannon, 2019- 590 ( La. 4/ 18/ 19), 267 So. 3d 585, 585- 86 ( per curiam). If the court finds that persons otherwise qualified to serve on the jury were excluded from the grand jury venire because of the significant error, the court shall give relator an opportunity to demonstrate that the exclusion caused irreparable injury. See La. Code Crim. P. art. 419( A); State v. Anderson, 315 So. 2d 266, 267 ( La. 1975) Defendant had a constitutional right to be indicted and tried by juries chosen from a fair cross- section of the community[.]")

VGW AHP WIL

COURT OF APPEAL, FIRST CIRCUIT

1

DEPUTY CL RK OF COURT FOR THE COURT