State Of Louisiana v. Jacob Fay Luke ( 2020 )

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STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0627
VERSUS
JACOB FAY LUKE, SR. JULY 21, 2020
In Re: Jacob Fay Luke, Sr., applying for supervisory writs,
32nd Judicial District Court, Parish of Terrebonne,
Nos. 721, 161 and 718, 826.
BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.
WRIT GRANTED. The district court' s rulings denying
relator' s " Motion for Temporary Release on Bail for Covid- 19"
and " Motion for Reconize [ sic] Bond for Covid- 19" are vacated.
This matter is remanded to the district court to determine
whether defense counsel wishes to adopt relator' s " Motions for
Temporary Release on Bail for Covid- 19" and " Motion for Reconize
sic] Bond for Covid- 19", if counsel does not wish to adopt
relator' s motions, evaluate their disruptive potential in light
of State v. Melon, 95- 2209 ( La. 9/ 22/ 95), 660 So. 2d 466 before
determining whether to conduct a hearing consistent with State
v. Ale* ander, 2007- 1236 ( La. App. 3d Cir. 4/ 9/ 08), 980 So. 2d
877. See State v. Thibodeaux, 2017- 0705 ( La. 12/ 6/ 17), 236
So. 3d 1253.
TMH
AHP
WIL
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT