# State v. Lewis

> Louisiana Court of Appeal · September 25, 2013 · 2012 La.App. 4 Cir. 0803

URL: https://www.frixlaw.com/law-library/cases/4805909

## Case

- **Full name:** STATE of Louisiana v. Jeffery L. LEWIS
- **Court:** Louisiana Court of Appeal
- **Decided:** September 25, 2013
- **Citations:** 2012 La.App. 4 Cir. 0803; 125 So. 3d 1252; 2013 La. App. LEXIS 1970; 2013 WL 5367904
- **Precedential status:** Published
- **Opinion:** Concurrence by Landrieu
- **Judges:** Landrieu, Lombard, Tobias
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4805909

## How later opinions describe it (automated extraction)

- noting a trial judge permissibly instructed a jury “to continue to deliberate and made every effort to speak to your fellow jurors and try to come to some sort of conclusion, to the best of your abilities ....”

## Opinion text

LANDRIEU, J.,
Concurs and Assigns Reasons.
I write separately to note that the record reflects that defense counsel did object to Mr. Tran’s qualifications prior to the jury’s being sworn. Pursuant to this objection, the judge conducted a hearing outside of the presence of the venire to determine Mr. Tran’s ability to read and understand the English language. Satisfied that he was qualified to serve as a juror, the court denied the defense’s challenge of him for cause. Thereafter, defense counsel failed to exercise one of its remaining peremptory challenges, which the record confirms were not exhausted.
I find no error in the trial court’s determination that Mr. Tran was qualified to serve. However, even assuming error by the trial judge in denying the challenge for cause, the defense did not preserve the issue for appellate review. “In Louisiana, a defendant must use one of his peremptory challenges curatively to remove the juror, thus reducing his remaining peremptory challenges, or waive any complaint on appeal.” State v. Connolly, 96-1680, p. 8 (La.7/1/97), 700 So.2d 810, 818 ; State v. Bourque, 622 So.2d 198, 229-230 (La.1993); State v. Fallon, 290 So.2d 273, 282 (La.1974).
On this basis and otherwise, I respectfully concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4805909. Public record. Not legal advice.