Opinion
NO. 2019 KW 0118
02-11-2019
STATE OF LOUISIANA v. SHURAY WELLS
In Re: Shuray Wells, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 06-17-0546. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
WRIT DENIED. An actual conflict does not exist where the parties have agreed on the record not to call the witness in question at trial. State v. Hutsell, 2015-2092 (La. 11/15/15), 184 So.3d 2. See also State v. Goodeaux, 2017-441 (La. App. 3d Cir. 11/2/17), 231 So.3d 124, writ denied, 2017-2143 (La. 9/14/18), 252 So.3d 488. Furthermore, the district court did not abuse its discretion by allowing the State to perpetuate the testimony of the witness whose unavailability for trial was not procured by the State. See La. Code Crim. P. art. 295(B).
MRT
AHP
JMG
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT