State Of Louisiana v. Landon Kyle Palmature

Opinion

STATE OF LOUISIANA NO. 2024 KW 0280

VERSUS

LANDON KYLE PALMATURE APRIL 9, 2024

In Re: Landon Kyle Palmature, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 20- 207349.

BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.

WRIT DENIED.

EW

TPS

Welch, J., dissents and would grant the writ. In order to meet due process requirements, " capital and other felony cases

must be allotted for trial ... on a random or rotating basis or under some other procedure adopted by the court which does not vest the district attorney with power to choose the judge to whom a particular case is assigned. See State v. Simpson, 551 So. 2d 1303, 1304 ( La. 1989) ( per curiam) ( Emphasis added). The district attorney has an unfettered right to call a case for trial. See La. Code Crim. P. 61.

art.

By not calling the case for trial, the District for Attorney the Sixteenth Judicial District can, in essence, deselect a judge before whom the case had been initially allotted. I find randomly Accordingly, the Sixteenth Judicial District Court' s local rule, which provides that criminal sections will be rotated annually by three sections, violates relator' s due process rights as the procedure is subject to manipulation by the district See State attorney.

v. Reed, 95- 0648 ( La. 4/ 28/ 95), 653 So. 2d 1176 ( per curiam).

OURT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK OF COURT FOR THE COURT