STATE OF LOUISIANA v. DERRICK GROVES AND KENDALL BARNES (2023)

Writ application granted. See per curiam.

WJC

JLW

JDH

SJC

JTG

JBM

Griffin, J., would deny.

Supreme Court of Louisiana January 13, 2023

SUPREME COURT OF LOUISIANA

No. 2023-KD-00046

STATE OF LOUISIANA

VS.

DERRICK GROVES AND KENDALL BARNES

On Supervisory Writ to the Criminal District Court, Parish of Orleans

PER CURIAM

A mistrial is a drastic remedy warranted only when an error at trial results in substantial prejudice to the defendant which effectively deprives him of a fair trial. State v. Edwards, 420 So.2d 663 (La. 1982). In the present case, the FBI agent's non-specific references to surveillance and an investigation were not so prejudicial as to effectively deny defendants a fair trial. See generally State v. Hayes, 414 So.2d 717 (La. 1982) (“Neither of the challenged comments is an unambiguous reference to crimes alleged to have been so committed.”); see also State v. Walker, 593 So.2d 818, 819–820 (La. App. 4 Cir. 1992). The trial court's ruling, which declared a mistrial is reversed, and the case remanded for further proceedings.

REVERSED AND REMANDED