STATE v. JOHNSON (2024)

Writ granted for the reasons assigned by Chief Judge Love, dissenting in the court of appeal:

While the trial court possesses gatekeeping powers to manage trial court matters, La. C.Cr.P. art. 807 provides that “[t]he state and the defendant shall have the right before argument to submit to the court special written charges for the jury.” Further, the exhibits reflect that on October 22, 2024, the trial court's law clerk e-mailed both parties stating, “[a]ny additional corrections or requests pursuant to the Code of Criminal Procedure Article 807 must be provided to me in writing by the end of the state's case.”

State v. Johnson, 24-781 (La. App. 4 Cir. 12/6/24) (unpub'd) (Love, C.J., dissenting). Accordingly, we grant the State's application, reverse the trial court's ruling, and remand for a contradictory hearing on the motion for a special jury instruction pursuant to La.C.Cr.P. art. 807.

PER CURIAM:

Hughes, J., would concur.