State Of Louisiana v. Derian Jerome Bailey
This text of State Of Louisiana v. Derian Jerome Bailey (State Of Louisiana v. Derian Jerome Bailey) 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 COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISTANA NO. 2025 KW 0604
VERSUS
DERIAN JEROME BAILEY JULY 3, 2025
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. DC-22-05281.
BEFORE : HESTER, EDWARDS, AND BALFOUR, JJ.
WRIT GRANTED. The defendant bears a heavy burden of proof when alleging prejudicial joinder and is required to make factual, rather than conclusory, allegations. State v. Morris, 99-3075 (La. App. Ist Cir. 11/3/00), 770 So.2d 908, 913, writ denied, 2000- 3293 (La. 10/12/01), 799 So.2d 496, cert. denied, 535 U.S. 934, 122 S.Ct. 1311, 152 L.Ed. 2d 220 (2002). The trial court abused its discretion in finding that the defendant carried his burden of proof to establish prejudicial joinder. Accordingly, the ruling granting the motion to sever is reversed, and this matter is remanded for further proceedings.
URT OF APPEAL, FIRST CIRCUIT
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“MEPUTY CLERK OF COURT FOR THE COURT
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