STATE v. DAIGLE (2022)

Writ application denied.

Defendant's writ application in this capital case was simultaneously filed with the court of appeal and this Court on July 5, 2022, requesting priority attention based upon the penalty phase of his trial beginning on July 8, 2022. However, the court of appeal did not issue its ruling until July 12, 2022, at which time it granted defendant's application in part and denied it in part. Specifically, the court of appeal utilized, in my view, an overly narrow interpretation of State v. Jackson, 608 So.2d 949, 954 (La. 1992), to find photographs pertaining to defendant's prior arson conviction inadmissible while affirming the trial court's ruling admitting the eyewitness testimony concerning those photographs. However, because the defendant has not requested specific relief related to this issue, we are constrained to rule on the issues presently before this Court. Accordingly, I must join the majority in denying defendant's writ application.

Crichton, J., additionally concurs and assigns reasons. Crain, J., would grant. McCallum, J., would grant.