State v. Hebert

STATE OF LOUISIANA v. MICHAEL HEBERT

NO. 2020 KW 1349

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

MARCH 29, 2021

In Re: Michael Hebert, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 09-13-0383.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

WRIT DENIED. In all respects, the claims presented by relator in this writ application are denied. Furthermore, relator's claim that his conviction was obtained with an improperly constituted jury is waived by his failure to raise this issue in a pretrial motion to quash. See State v. Armentor, 2019-1267 (La. App. 1st Cir. 7/31/20), ___ So.3d ___, 2020 WL 4381566, writ denied, 2020-01032 (La. 2/17/21), ___ So.3d ___, 2021 WL 613223, and State v. Thornton, 2019-1029 (La. App. 1st Cir. 7/23/20), 309 So.3d 366; see also State v. Germany, 2020-00878 (La. 11/4/20), 303 So.3d 631, 632 (per curiam) ("[c]ourts have found that various age spans of young persons are not distinctive groups for purposes of a fair-cross section analysis.").

MRT

EW

CHH

COURT OF APPEAL, FIRST CIRCUIT

/s/_________

DEPUTY CLERK OF COURT

FOR THE COURT