State Of Louisiana v. Cedric Emerson

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1100

VERSUS

CEDRIC EMERSON NOVEMBER 5, 2021

In Re: Cedric Emerson, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 38, 852.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

WRIT GRANTED. The district court previously referred

relator' s pro se motions to defense counsel pursuant to State v. Thibodeaux, 2017- 0705 ( La. 12/ 6/ 17), 236 So. 3d 1253 ( per

curiam). Thus, the matter is now remanded to the district court to conduct a contradictory hearing. As it appears defense counsel has failed to respond to the court' s orders, a date should be set for counsel to file a response. If defense counsel refuses to adopt relator' s motions, then during the hearing, the

court should evaluate the disruptive potential of the motions 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. Alexander, 2007- 1236 ( La. App. 3d Cir. 4/ 9/ 08), 980 So. 2d 877, as set forth in Thibodeaux.

VGW AHP CHH

COURT OF APPEAL, FIRST CIRCUIT

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1R# 001 , 14 1 T)EPUTYRLERK OF COURT FOR THE COURT