Opinion
No. 2008-KD-0804.
April 15, 2008.
In re Bell, Anthony; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, Nos. 05-06-0751; to the Court of Appeal, First Circuit, No. 2008 KW 0713.
Writ granted. Stay granted.
VICTORY, J., concurs in the result and assigns reasons.
JOHNSON, J., would deny the stay and the writ and assigns reasons.
TRAYLOR, J., would deny the writ for the reasons expressed in Justice VICTORY'S concurrence.
In my view, the trial court should have maintained its ruling that once the defendant chose to represent himself, he was to do so throughout the entire trial. However, the state has not taken a writ from the trial court's current ruling that standby counsel are now to represent the defendant in the penalty phase of this trial. As the majority notes, a defendant may not force a postponement of trial, or, in the present case, the penalty phase of a capital trial, by manipulating his right to counsel.
JOHNSON, J., denying the stay, denying the writ application and assigning reasons.
Defendant's present attorneys were appointed to represent him on June 16, 2006. They continued to assist as stand-by counsel after Defendant asserted his Sixth Amendment right to represent himself, and throughout the guilt phase of this trial.
Since jury sequestration is mandated by LSA-C.Cr.P. art. 791(B), this jury should be allowed to proceed with the penalty phase of this trial without interruption.
LSA-C.Cr.P. art. 791(B) provides:
B. In capital cases, after each juror is sworn he shall be sequestered, unless the state and the defense have jointly moved that the jury not be sequestered