State Of Louisiana v. Earnest White
This text of State Of Louisiana v. Earnest White (State Of Louisiana v. Earnest White) 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 LOUISIANA NO. 2019 KW 1272
VERSUS
EARNEST CARLO WHITE NOV 12 201
In Re: Ernest Carlo White, for applying supervisory writs,
19th Judicial District Court, Parish of East Baton Rouge, No. 04- 19- 0701.
BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.
WRIT DENIED. A just cause hearing should be held when the delay to institute prosecution has passed, a motion for release has been filed, and a bill of information or indictment is not filed before a hearing is held on the motion. See La. Code Crim. P. art. 701( B). See State v. Varmall, 539 So. 2d 45 ( La. 1989) ( per curiam); State v. Bell, 2014- 1045 ( La. App. 1st Cir. 1/ 15/ 15), 169 So. 3d 417, 425.
VGW WJC
Guidry, J., dissents and would not consider the writ
application which appears to be untimely. See Uniform Rules of
Louisiana Courts of Appeal, Rules 4- 2 and 4- 5.
LiL. J
DEPUTY CIIERK OF COURT FOR THE COURT
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