Date: 10-18-2017

Case Style: State of Louisiana v. Derrick A. Dotson

Case Number: 2016-K-0473

Judge: Weimer

Court: Supreme Court of Louisiana on appeal from the Circuit Court, Orleans Parish

Plaintiff's Attorney: Not Available

Defendant's Attorney: Not Available

Description: The state’s writ application was granted to consider whether the
court of appeal erred in reversing defendant’s conviction,
finding that the trial judge abused his discretion in denying a
challenge for cause of a prospective juror. During voir dire,
the prospective juror gave an equivocal answer as to whether she
could be impartial after indicating her mother had been the
victim of a violent crime. The record of the voir dire
proceeding is bereft of any information that would clarify the
prospective juror’s response, and the remainder of her responses
during voir dire indicate that she would be impartial. As such,
deference should have been afforded by the appellate court to the
trial court’s ruling on the challenge. The decision of the
appellate court is reversed and this matter is remanded to the
appellate court for determination of the remaining issue raised
on appeal by defendant. For these reasons, the decision of the
appellate court is reversed. This matter is remanded to the
appellate court for determination of the remaining issue raised
on appeal by defendant.

Outcome: REVERSED and REMANDED.

GUIDRY, J., dissents and assigns reasons.
HUGHES, J., dissents for the reasons given by Guidry, J.

Plaintiff's Experts:

Defendant's Experts:

Comments: