State of Louisiana v. Wei Ben Chen

Opinion

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 KW 0752

VERSUS

WEI BEN CHEN AUGUST 7, 2025

In Re: Wei Ben Chen, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, Nos. 49976, 50013, 50014.

BEFORE: McCLENDON, C. J., MILLER AND GREENE, JJ.

WRIT DENIED.

PMC HG

Miller, J., dissents. Before and during a trial, a person shall be bailable by sufficient surety, except when he is charged with a capital offense and the proof is evident and the presumption of guilt is great. See La. Const. art. I, § 18( A); La. Code Crim.

P. art. 312( A). Bail must be set according to the factors listed in La. Code Crim. P. art. 316. In this matter, the State agreed to a$ 100, 000 bond. Although the court is not required to set

bail in the amount agreed upon by the State, I find that the district court abused its discretion in refusing to set bail.

Accordingly, I would grant the writ for the sole purpose of

remanding this matter to the district court for the setting of

bail.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT