State Of Louisiana v. David Doyle

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NO. 2020 KW 0405 STATE OF LOUISIANA

VERSUS

JUNE 11, 2020 DAVID J. DOYLE

writs, 18th

Doyle, applying for supervisory In Re: David J.

West Baton Rouge, District Court, Parish of Judicial

No. 171551.

WELCH, AND HOLDRIDGE, JJ.

BEFORE: McCLENDON,

State v. Doyle, 2020-

See ruling in WRIT DENIED AS MOOT.

relator' s motion to La. 1st Cir. 6/ 11/ 20), granting 0452 ( App. expedite his appeal.

PMC

GH

Welch, J., dissents in part. In light of the United States Ramos Louisiana, U. S. , Supreme Court' s decision in v.

2020), I believe this court 140 S. Ct. 1390, L. Ed. 2d ( to vacate relator' s jurisdiction

should exercise supervisory

convictions and sentences and remand this matter to the district Tuscano rel. v.

See State ex court for further proceedings.

A court of appeal has 491 So. 2d 1341 ( La. 1986) ("

Donnelly, which arise within its jurisdiction over cases supervisory Const. art. 5, § j 10( A). This constitutional grant circuit. [ La.

and its use cannot be fettered by statutory of power is plenary, writs will not issue when law. ... Generally, supervisory However, an

relator has available another adequate remedy. ...

cases in which justice is exception is made in extraordinary damage would result before an denied and irreparable being this case is The factor in appeal could be taken). compelling incarcerated on an invalid verdict.

that the relator is appeal

incarcerated pending relator to remain Requiring no In so observing, I make constitutes irreparable harm.

that be raised on to issues may findings with respect any evidence, nor whether double appeal, such as sufficiency of the jeopardy is applicable.

COURT OF APPEAL, FIRST CIRCUIT

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