State of Louisiana v. Dwayne Davis

Opinion

STATE OF LOUISIANA * NO. 2023-K-0723

VERSUS * COURT OF APPEAL

DWAYNE DAVIS * FOURTH CIRCUIT

*

STATE OF LOUISIANA

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APPLICATION FOR WRITS DIRECTED TO ST. BERNARD 34TH JUDICIAL DISTRICT COURT NO. 999-2839, DIVISION “A”

Honorable William M. McGoey, Judge ******

Judge Rachael D. Johnson

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(Court composed of Judge Paula A. Brown, Judge Dale N. Atkins, Judge Rachael D. Johnson)

Dwayne Davis St. Bernard Parish Jail 1900 Paris Road Chalmette, LA 70043

PRO SE DEFENDANT/RELATOR

WRIT GRANTED December 22, 2023

RDJ In this criminal case, Relator Dwayne Davis (“Relator”) was arrested on PAB DNA August 21, 2023, in St. Bernard Parish for the rape of a juvenile and issuing a

worthless check. Relator alleges that he has yet to be formally charged by the State

for these alleged crimes because Division “A” of the St. Bernard Parish has been

“dragging its feet.” As a result, Relator filed a motion to quash and a motion for

speedy trial with this Court. After reviewing the Relator’s writ application, we

grant the Relator’s writ.

According to La. C.Cr.P. art. 701(B)(1) and La. C.Cr.P. art. 701(B)(2), in

pertinent part:

B. The time period for filing a bill of information or indictment after arrest shall be as follows:

...

(1)(b) When the defendant is continued in custody subsequent to an arrest, an indictment shall be filed within one hundred twenty days of the arrest if the defendant is being held for a felony for which the punishment may be death or life imprisonment.

...

(2)(b) Failure to institute prosecution as provided in Subparagraph (1) of this Paragraph shall result in release of the defendant if, after contradictory hearing with the district attorney, just cause for the failure is not shown. If just cause is shown, the court shall reconsider bail for the defendant. Failure to institute prosecution as provided in this Subparagraph shall result in the release

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of the bail obligation if, after contradictory hearing with the district attorney, just cause for the delay is not shown.

Pursuant to La. C.Cr.P. art. 701B(1)(b) and La. C.Cr.P. art. 701B(2)(b), if

the Relator is not formally charged within one hundred and twenty days of his

arrest, and just cause for failing to formally charge the Relator is not shown, then

the Relator is to be released. In State v. Jones, the Defendant filed a written motion

for release as to eight of his charges pursuant to La. C.Cr.P. art. 701. State v. Jones,

2022-01358 (La. 11/8/22), 349 So.3d 975, 976. The Court found that the State was

untimely in instituting their prosecution by bill of information for these charges, so

it ordered the Defendant to be released of the eight charges and he was

subsequently relieved of the bond obligations related to those charges.

Currently, the details of whether the Relator has been formally charged and

whether the motion for speedy trial is applicable in this case are unclear. The

Relator was set to have a hearing on November 28, 2023. It is also unclear whether

the Relator was charged on November 28, 2023. Accordingly, we are granting the

Relator’s writ application and ordering the district court to set a hearing to address

the issues raised in this writ application.

WRIT GRANTED