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SUPREME COURT OF LOUISIANA No. 98-K-2198 STATE OF LOUISIANA Versus OSCAR BALLARD
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF LIVINGSTON

TRAYLOR, J.*
In the prosecution of defendant for a third offense D.W.I. in Livingston Parish, the trial court denied the defendant's challenge for cause of a prospective juror who serves active duty as a police officer in Baton Rouge. On appeal, the majority of the en banc panel of the Court of Appeal, First Circuit, upheld the trial court's ruling, distinguishing the instant facts from this Court's ruling in State v. Simmons, 390 So. 2d 1317, 1318 (La. 1980), which held: "an actively employed criminal deputy sheriff is not a competent criminal juror." We granted certiorari to reconsider Simmons and to determine whether the trial court reached the appropriate ruling. For the following reasons, we overrule Simmons and affirm the judgment of the trial court and court of appeal.

FACTS AND PROCEDURAL HISTORY Oscar Ballard was charged by bill of information with third offense driving while intoxicated, in violation of La. R.S. 14:98. After a trial by jury, the defendant was found guilty as charged. The trial court sentenced defendant to imprisonment at hard labor for two years. On appeal defendant claimed the trial court committed reversible error in denying his challenge for cause1 of the prospective juror, David Schultz, Jr., since Schultz is an actively employed police officer with the City of Baton Rouge in the K-9 division. The record indicates that the trial judge initially questioned the prospective jurors to ascertain any bias or prejudice. When specifically questioning Officer Schultz, the record indicates the

*

Johnson, J., not on panel. Rule IV, Part 2,

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Louisiana Law