State of Louisiana Versus Sonya Williams McKarry

• Court: Louisiana Court of Appeal
• Decided: November 6, 2024
• Docket: 24-K-424
• Status: Unknown

Opinion

STATE OF LOUISIANA NO. 24-K-424

VERSUS FIFTH CIRCUIT

SONYA WILLIAMS MCKARRY COURT OF APPEAL

STATE OF LOUISIANA

November 06, 2024

Linda Wiseman First Deputy Clerk

IN RE SONYA WILLIAMS MCKARRY

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE J. STERLING SNOWDY, DIVISION "C", NUMBER 2024-CR-41

Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and Scott U. Schlegel

WRIT DENIED

Relator/defendant, Sonya Williams McKarry, seeks supervisory review of

the trial court’s ruling of August 23, 2024, which denied her “Motion to Disqualify

Prosecutor Bridget Dinvaut, Her First Assistant Keith Green and Any District

Attorney that the First Assistant has Real or Implied Supervision Over and Recuse

the Office of the District Attorney” (hereinafter “Motion to Disqualify”). For the

following reasons, we deny the writ.

Defendant’s writ seeks disqualification of the District Attorney, and any

assistant district attorneys who have “real or implied” supervision of defendant’s

case on two main grounds. Defendant asserts that Pearlie Wishom drafted a

“secret” judicial complaint against her counsel, Rob Snyder, Jr., who was

previously a Justice of the Peace eight years ago, with the assistance of the District

Attorney’s Office. Defendant alleges that this is a violation of the Louisiana Rules of Professional Conduct and requires the District Attorney’s Office to be

disqualified from all cases in which Mr. Snyder is involved. Additionally,

defendant contends that the District Attorney’s Office has a direct conflict of

interest because Assistant District Attorney Leandre Millet previously prosecuted

Lamont Johnson, who is the alleged victim in the pending case.

The State responded that any testimony by Ms. Wishom involving a

purported secret judicial complaint from eight years ago is not related to the

current case, which involves an alleged theft of a wallet from a casino in 2024.

The State further responded that a bill of information is a prosecutorial tool

whereby the State prosecutes defendants and does not represent victims.

Therefore, if Mr. Millet signed a previous bill, he would be acting as a prosecutor

and not as the victim’s attorney.

At the hearing on August 23, 2024, the trial court denied defendant’s Motion

to Disqualify and denied the admissibility of the evidence offered by defendant as

irrelevant. However, the trial court allowed defendant to proffer the evidence,

including the testimony of Ms. Wishom.

The trial court is afforded great discretion in evidentiary rulings, and absent

a clear abuse of that discretion, rulings regarding the relevancy and admissibility of

evidence will not be disturbed on appeal. State v. Garrison, 19-62 (La. App. 5 Cir.

4/23/20), 297 So.3d 190, 206, writ denied, 20-547 (La. 9/23/20), 301 So.3d 1190;

State v. Cox, 17-508 (La. App. 5 Cir. 2/21/18), 239 So.3d 465, 473, writ denied,

18-455 (La. 1/14/19), 261 So.3d 782.

After a review of the record and the proffered evidence, we cannot find that

the trial court abused its discretion in denying the admissibility of the proffered

evidence regarding an unrelated judicial complaint filed eight years ago. In addition, we cannot say that the court erred in denying the Motion to Disqualify

and see no reason to disturb the trial court’s ruling.

Accordingly, defendant’s writ application is denied.

Gretna, Louisiana, this 6th day of November, 2024.

SUS MEJ SJW SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 11/06/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-K-424 E-NOTIFIED 40th District Court (Clerk) Honorable J. Sterling Snowdy (DISTRICT JUDGE) Robert J. Snyder, Jr. (Relator)

MAILED Leandre M. Millet (Respondent) Nikisha U. Roberts (Respondent) Assistant District Attorney Fortieth Judicial District Parish of St. John the Baptist Post Office Box 399 1342 Highway 44 River Road Reserve, LA 70084