DocketNumber： 2019KW1272
Filed Date： 11/12/2019
Status： Precedential
Modified Date： 10/22/2024
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 1272 VERSUS EARNEST CARLO WHITE NOV 12 201 In Re: Ernest Carlo White, for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 04- 19- 0701. BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ. WRIT DENIED. A just cause hearing should be held when the delay to institute prosecution has passed, a motion for release has been filed, and a bill of information or indictment is not filed before a hearing is held on the motion. See La. Code Crim. P. art. 701( B). See State v. Varmall,539 So. 2d 45
( La. 1989) ( per curiam); State v. Bell, 2014- 1045 ( La. App. 1st Cir. 1/ 15/ 15),169 So. 3d 417
, 425. VGW WJC Guidry, J., dissents and would not consider the writ application which appears to be untimely. See Uniform Rules of Louisiana Courts of Appeal, Rules 4- 2 and 4- 5. COURT OF APPEAL, FIRST CIRCUIT LiL. J DEPUTY CIIERK OF COURT FOR THE COURT