State Of Louisiana v. Neal Langhart ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 Kw 1340
VERSUS
NEAL A. LANGHART DECEMBER 19, 2022
In Re: Neal A. Langhart, applying for supervisory writs, 21st
Judicial District Court, Parish of Livingston, Nos.
45, 087, 45, 286.
BEFORE McDONALD, McCLENDON, AND HOLDRIDGE, JJ.
WRIT GRANTED. The trial court' s rulings revoking relator' s
bond in case number 45, 087 and denying bond in case number
45, 285 are reversed. Louisiana' s constitution requires that
b] efore and during a trial, a person shall be bailable by
sufficient surety, except when he is charged with a capital
offense and the proof is evident and the presumption of guilt is
great." La. Const. art. I, § 18( A). However, when a person is
charged with a crime of violence as defined by La. R. S. 14: 2( B),
and the proof is evident and the presumption of guilt is great,
he shall be bailable
not following a contradictory if, hearing,
the judge "
finds by clear and convincing evidence that there is
a substantial risk that the person may flee or poses an imminent
danger to any other person or the community." La. Const. art.
I, § 18 ( B). In the instant case, although the state offered
evidence to establish probable cause for the offenses, the state
failed to offer clear and convincing evidence that there is a
substantial risk that relator may flee or he poses an imminent
danger to any other person or the community. Cf. State v.
Jacobs, 2012- 2737 ( La. 12/ 20/ 12), 108 So. 3d 757 (" Given that
defendant is charged with an enumerated crime of violence and
due to defendant' s lengthy criminal history, including prior
acts of violence against the victim of the instant case, the
trial court did not abuse its discretion in granting the State' s
motion to hold defendant without bond."). Accordingly, this
matter is remanded to the trial court to reinstate relator' s
original bond in case number 45, 087 and to set bond in case
number 45, 286 unless the state proves by clear and convincing
evidence that there is a substantial risk that relator may flee
or poses a threat.
imm
PMC
GH
COURT OF APPEAL, FIRST CIRCUIT
r
UTY CLERK OF COU
FOR THE COURT