State Of Louisiana v. Darrel W. Harris, Jr.
This text of State Of Louisiana v. Darrel W. Harris, Jr. (State Of Louisiana v. Darrel W. Harris, Jr.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA NO. 2023 KW 1129
VERSUS
DARRELL W. HARRIS, JR. JANUARY 18, 2024
In Re: Darrell W. Harris, Jr., applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 230593.
BEFORE: GUIDRY, C. J., CHUTZ AND LANIER, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. This matter is remanded to the district court to hold a contradictory hearing to determine whether defense counsel wishes to adopt relator' s motion. If counsel does not wish to adopt relator' s motion, the district court is instructed to evaluate the motion' s 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. Alexander, 2007- 1236 ( La. 3d Cir. App. 4/ 9/ 08), 980 So. 2d 877. See State v. Thibodeaux, 2017- 0705 ( La. 12/ 6/ 17), 236 So. 3d 1253, 1256 ( per curiam). Further, the request for a preliminary hearing was made in this court in the first instance and is, therefore, denied. See State v. Revish, 2019- 01732 ( La. 10/ 1/ 20), 340 So. 3d 864, 868 ( per curiam) (" The general rule is that appellate courts will not consider issues raised for the first time on [ review].")
JMG WRC WIL
URT OF APPEAL, FIRST CIRCUIT
TY CLERK OF COURT FOR THE COURT
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