State Of Louisiana v. Michael Hawk

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 0873

VERSUS

MICHAEL HAWK NOVEMBER 22, 2021

In Re: Michael Hawk, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No.

16 - CR - 999.

BEFORE: WELCH, THERIOT, AND HESTER, JJ.

WRIT DENIED.

MRT

CHH

Welch, J., dissents and would grant the writ application to reverse the district court' s ruling denying the motion to quash. While retrial of relator for the offense of first degree rape

would not violate the principles of double jeopardy, see State V. Janes, 2021- 01465 ( La. 10/ 14/ 21), So. 3d , 2021 WL 4860025, it would violate relator' s right of appeal. See La. Const, art. I, § 19; State v.

Gaadley, 423 So. 2d 648, 651- 52 La. 1982).

COURT OF APPEAL, FIRST CIRCUIT f

DEPUT LEIRK OF COURT FOR THE COURT