State Of Louisiana v. Timothy Thibodeaux

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0978

VERSUS

TIMOTHY THIBODEAUX SEP 17 2019

In Re: State Of Louisiana, applying for supervisory writs,

17th Judicial District Court, Parish of Lafourche, No.

475003.

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

WRIT GRANTED. The district court' s ruling granting defendant' s motion to correct error is reversed. The Louisiana

Supreme Court in State v. Thibodeaux, 2016- 0994 ( La. 10/ 27/ 17), 227 So. 3d 811, 812 ( per curiam), held: ( 1) defendant did not

raise a standalone confrontation violation claim in his application for postconviction relief and La. R. S. 15: 440. 5 is not unconstitutional on its face; ( 2) defendant made no showing at the evidentiary hearing that the child victims were

unavailable to testify at trial; ( 3) defendant failed to prove

resultant prejudice because he made no showing that the

children' s testimony would have been different if called to

testify at trial. The rulings by the Louisiana Supreme Court

addressing the issues raised in defendant' s motion constitute

the law of the case and were not subject to further inquiry by the district court. See State v. Chandler, 2017- 0962 ( La. App. 1st Cir. 12/ 21/ 17), 240 So. 3d 950, 952- 53.

VGW WJC

Guidry, J., dissents and would deny the writ application on the showing made.

CO RT OF APPEAL, FIRST CIRCUIT

D P T CLEROOF COURT FOR THE COURT