State Of Louisiana v. Aaron Hurst ( 2024 )

STATE OF LOUISIANA NO. 2024 KW 0828
VERSUS
FWATAM0310: OCTOBER 2, 2024
In Re: State of Louisiana, applying for supervisory writs, 20th
Judicial District Court, Parish of East Feliciana, No.
21 - CR - 000783.
BEFORE: THERIOT, CHUTZ, AND HESTER, Ji.
WRIT DENIED.
MRT
WRC
Hester, J., dissents and would grant the application. On a
motion to sever, the burden is on the defendant. The trial court
must be satisfied by convincing evidence that justice requires a
severance. State v. Bradbury, 367 So. 2d 745, 747 ( La. 1978). The
mere unsupported allegation that defenses will be antagonistic is
not sufficient to require a severance. State v. Prudholm, 446 So. 2d
729, 741 ( La. 1984). Further, justice does not require severance
where only the extent of each defendant' s participation in the
offense is at issue. State v. Gaskin, 412 So. 2d 1007, 1012 ( La.
1982) ; State v. Robertson, 509 So. 2d 98, 100 ( La. App. 1st Cir.
1987). Here, I find the respondent' s mere allegation of
antagonistic defenses is not sufficient to meet his burden of
proving he will be prejudiced if jointly tried with his co-
defendant.
OURT OF APPEAL, FIRST CIRCUIT
PUTY CLERK OF COURT
FOR THE COURT