State v. Aguillard, 254 So. 3d 685 (2018)

Oct. 15, 2018 · Louisiana Supreme Court · No. 2015-K-0589
254 So. 3d 685

STATE of Louisiana
v.
Brian AGUILLARD

No. 2015-K-0589

Supreme Court of Louisiana.

October 15, 2018

ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS

PER CURIAM:

Writ denied; motion denied. The state has returned following the trial court's compliance with this court's order on remand. State v. Aguillard , 15-0589 (La. 2/26/16), 184 So.3d 1273. We hereby deny the state's motion for additional clarification from the trial court and deny the state's writ in full. We leave intact the decision of the court of appeal, vacating the conviction and sentence, and remanding for a new trial. State v. Aguillard , 14-0316 (La. App. 4 Cir. 3/4/15), 158 So.3d 976. The court of appeal reached the correct result because the trial court's failure to adequately record the bench conference concerning the challenge for cause of prospective juror Lt. Mark Mulla has resulted in actual prejudice to the defendant's appeal. See State v. Pinion , 06-2346 (La. 10/26/07), 968 So.2d 131.