State of Louisiana Versus Leon Brooks ( 2023 )

STATE OF LOUISIANA NO. 23-K-113
VERSUS FIFTH CIRCUIT
LEON BROOKS COURT OF APPEAL
STATE OF LOUISIANA
March 06, 2023
Linda Wiseman
First Deputy Clerk
IN RE LEON BROOKS
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD L. FORET,
DIVISION "H", NUMBER 18-3382,18-6225, &18-6466
Panel composed of Judges Fredericka Homberg Wicker,
Robert A. Chaisson, and John J. Molaison, Jr.
WRIT GRANTED; STAY GRANTED
In this emergency joint writ application filed by both the State and the
defense, both parties seek review of the trial court’s denial of their joint motion to
continue the trial in this case. In the joint motion filed in the 24th Judicial District
Court, defense counsel, as an officer of the court, represented to the trial court that
defendant’s expert, Dr. Daphne Glindmeyer, was unable to produce her expert
report addressing the sanity of defendant at the time of the offenses due to
“personal reasons.” Defense counsel further represented that Dr. Glindmeyer had
been unable to evaluate defendant until December 22, 2022, and had requested
additional records and time to review same in order to properly form her opinion as
to the defendant’s competency at the time of the offense and to draft her expert
report. Likewise, the assistant district attorney for the Parish of Jefferson, as an
officer of the court, informed the trial court that she is currently participating in a
serious felony trial in another division that is not expected to conclude until at least
Wednesday, March 8, 2023. The writ application reflects that both the state and
defense jointly sought the continuance of this case stating as officers of the court
serious grounds necessitating the continuance of trial.
Considering the serious nature of the offenses with which the defendant is
charged and further considering the nature of defendant’s plea and defense, and in
accordance with the Supreme Court’s relevant guidance in State v. Watson, 22-
00719 (La. 5/1/22), 338 So.3d 1169, we find that the trial court abused its
discretion in denying the joint motion to continue trial. Accordingly, the writ
application is granted. We further stay the proceedings until March 10, 2023, the
date when defense counsel, an officer of the court, has indicated that Dr.
23-K-113
Glindmeyer’s report will be completed. The trial court is ordered to set the matter
for trial on the next available and reasonable trial date thereafter.
Gretna, Louisiana, this 6th day of March, 2023.
JJM
FHW
RAC
2
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
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
CORNELIUS E. REGAN, PRO TEM 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 03/06/2023 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:
23-K-113
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald L. Foret (DISTRICT JUDGE)
Anna L. Friedberg (Relator) Thomas J. Butler (Respondent)
Darren A. Allemand (Respondent)
MAILED