State Of Louisiana v. Quinton Jackson ( 2019 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 1493
VERSUS
QUINTON JACKSON DEC 2 3 2413
In Re: Quinton Jackson, for 23rd
applying supervisory writs,
Judicial District Court, Parish of Ascension, No.
37611.
BEFORE: HIGGINBOTHAM, PENZATO, AND ZANIER, JJ.
WRIT DENIED.
AHP
WIL
Higginbotham, J., dissents and would grant the writ
application. Louisiana District Court Rules, Rule 14. 0( a)
requires the clerk of court to allot all criminal cases
randomly. The Louisiana Supreme Court has found that due
process is met when capital and other
felony cases are required
to be allotted for trial on a random or rotating basis under a
procedure adopted by the court, which does not vest the district
attorney with power to choose the judge to whom a particular
case is assigned. State v. Nunez, 2015- 1473 ( La. 1/ 27/ 16), 187
So. 3d 964, 969- 70. While I recognize "[ a] n allotment procedure
does not violate due process principles or the requirements of
La. Dist. Ct. Rule 14 by merely being susceptible to
manipulation," 187 at 972, I find relator pointed to actual
manipulation in the allotment process as applied in his case.
COURT OF APPEAL, FIRST CIRCUIT
l
DEPUTY LERK OF COURT
FOR THE COURT