State v. Moore , 88 So. 3d 448 ( 2012 )

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 502-817; to the Court of Appeal, Fourth Circuit, No. 2012-K-0651.

Writ denied. In dismissing the jury after the state requested a stay following the granting of the defendant’s motion for mistrial, the trial court violated the mandatory provisions of La.C.Cr.P. art. 775.1. However, because we find the state is not prejudiced by the jury’s dismissal, and may re-try the defendant, we decline to order the jury re-seated.