Opinion
NO. 2019 KW 0223
04-10-2019
STATE OF LOUISIANA v. MATTHEW NAQUIN
In Re: Matthew Naquin, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 10-17-0445. BEFORE: WELCH, CHUTZ, AND LANIER, JJ.
WRIT DENIED AS MOOT. Based on the filing received by this court on April 3, 2019, the defense concedes the matter is moot. This court is without jurisdiction to issue an advisory opinion. See El Chico Restaurants of Louisiana, Inc. v. Louisiana Gaming Control Board, 2001-0205 (La. App. 1st Cir. 12/20/02), 837 So.2d 641. However, this ruling does not uphold the decision made by the trial court on January 28, 2019 compelling the defendant to provide his passcode. Furthermore, this action does not preclude relator from seeking review of the motion to compel at a later date if the district attorney's office cannot successfully retrieve and capture the data from the defendant's phone.
JEW
WRC
WIL
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT