JOHNSON, J., would grant in part and deny in part, with reasons.

State: Louisiana

Docket No: JOHNSON,

Case Date: 01/01/2006

Preview:08/23/2006 "See News Release 045 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA No. 2005-KD-2106 STATE OF LOUISIANA Versus ADELL ATKINS

ON WRIT OF CERTIORARI TO THE NINETEENTH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE

JOHNSON, J., I would grant in part, and deny in part: The State may not compel the testimony of convicted co-defendant, Terry Thompson. LSA-C.Cr.P. art 439.1,contemplates an offer of immunity, which cannot be meaningfully offered post-conviction. In reference to the issue of the admissibility of Terry Thompson's taped statement, the statement is not properly before this Court and the matter is premature as it has not been presented or ruled on by the trial court.

Download JOHNSON, J., would grant in part and deny in part, with reasons..pdf