STATE OF LOUISIANA v. VINCENT GOFFNERM ET AL (2023)

Writ application granted. See per curiam.

JDH

JLW

SJC

JTG

WJC

JBM

Griffin, J., would deny.

Supreme Court of Louisiana March 31, 2023

Writ granted. While defendant did not join in the motion for a mistrial made by his codefendants, which was made during voir dire, the eventual grant of a mistrial in this proceeding has been construed by the courts below as the de facto grant of a severance. However, jointly indicted defendants are to be tried jointly unless the court is satisfied that justice requires a severance. La.C.Cr.P. art. 704; State v. Webb, 424 So.2d 233 (La. 1982); State v. Hodge, 457 So.2d 152 (La. App. 2 Cir. 1984), writ denied, 459 So.2d 545 (La. 1984). There has been no such showing that a severance is appropriate and necessary here. Therefore, the court of appeal's ruling is reversed to the extent it declared that the trial of the remaining codefendant could proceed. We declare that the mistrial, which was ordered by the court of appeal, applies to all three codefendants.

REVERSED AND REMANDED