State Of Louisiana v. Donald Germany ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 Kw 0124
VERSUS
DONALD GERMANY
JUNE 11, 2024
In Re: Donald Germany, applying for
supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 09- 16- 0105.
BEFORE: WHIPPLE, C. J., PENZATO AND LANIER, JJ.
WRIT GRANTED. The district court' s
ruling denying
relator' s motion to quash is vacated, and the matter is remanded
to the district court.
an in
The district court is ordered to conduct
camera inspection of
information pertaining to the grand
jury venire composed at the time of relator' s indictment to
determine whether persons otherwise qualified to serve on the
jury were excluded from the grand jury venire as a result of a
significant error in the process by which the venire was
composed. See State v. Cannon, 2019- 590 ( La. 4/ 18/ 19), 267
So. 3d 585, 585- 86 ( per curiam). If the court finds that persons
otherwise
qualified to serve on the jury were excluded from the
grand
jury venire because of the significant error, the court
shall give relator an
opportunity to demonstrate that the
exclusion caused irreparable injury. See La. Code Crim. P. art.
419( A); State v. Anderson, 315 So. 2d 266, 267 ( La. 1975)
Defendant had a constitutional right to be indicted and tried
by juries chosen from a fair cross- section of the community[.]")
VGW
AHP
WIL
COURT OF APPEAL, FIRST CIRCUIT
1
DEPUTY CL RK OF COURT
FOR THE COURT