State v. Barnes

Louisiana Court of Appeal

State v. Barnes

72 So. 3d 939, 2011 La.App. 4 Cir. 1186, 2011 La. App. LEXIS 1001, 2011 WL 3844220

CourtLouisiana Court of Appeal

DecidedAugust 29, 2011

DocketNo. 2011-K-1186

StatusPublished

This text of 72 So. 3d 939 (State v. Barnes) 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.

Bluebook

State v. Barnes, 72 So. 3d 939, 2011 La.App. 4 Cir. 1186, 2011 La. App. LEXIS 1001, 2011 WL 3844220 (La. Ct. App. 2011).

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Opinion

MICHAEL E. KIRBY, Judge.

LThe State of Louisiana seeks this Court’s review of the trial court’s denial of the joint motion for continuance of trial scheduled for September 1, 2011. The defendant; Kenneth Barnes, filed the motion for continuance and the State of Louisiana joined in the defendant’s motion. The defendant has filed his own writ application seeking review of the trial court’s denial of the motion in 2011-K-1185.

This Court has previously found, in unpublished writ dispositions, that it is an abuse of the trial court’s discretion to deny a motion for continuance when both sides in a criminal case agree to a continuance of trial. La.C.Cr.P. art. 707; State v. Lee, 11-1176, unpub. (La.App. 4 Cir. 8/25/11); State v. Richardson, 09-0953, unpub. (La.App. 4 Cir. 7/20/09); State v. King, 11-0243, unpub. (La.App. 4 Cir. 2/18/11); State v. Terry, 11-0245, unpub. (La.App. 4 Cir. 2/18/11). In the instant case, the trial court, on August 26, 2011, denied the joint motion for continuance of the trial scheduled for September 1, 2011. We find that this was an abuse of the trial court’s discretion. Accordingly, we grant the State’s writ application and reverse the trial court judgment denying the continuance. We hereby grant the | ¡.continuance of the September 1, 2011 trial date. Because of our decision, the request for a stay is moot.

WRIT GRANTED; JUDGMENT REVERSED

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MICHAEL E. KIRBY, Judge.

LThe State of Louisiana seeks this Court’s review of the trial court’s denial of the joint motion for continuance of trial scheduled for September 1, 2011. The defendant; Kenneth Barnes, filed the motion for continuance and the State of Louisiana joined in the defendant’s motion. The defendant has filed his own writ application seeking review of the trial court’s denial of the motion in 2011-K-1185.

This Court has previously found, in unpublished writ dispositions, that it is an abuse of the trial court’s discretion to deny a motion for continuance when both sides in a criminal case agree to a continuance of trial. La.C.Cr.P. art. 707; State v. Lee, 11-1176, unpub. (La.App. 4 Cir. 8/25/11); State v. Richardson, 09-0953, unpub. (La.App. 4 Cir. 7/20/09); State v. King, 11-0243, unpub. (La.App. 4 Cir. 2/18/11); State v. Terry, 11-0245, unpub. (La.App. 4 Cir. 2/18/11). In the instant case, the trial court, on August 26, 2011, denied the joint motion for continuance of the trial scheduled for September 1, 2011. We find that this was an abuse of the trial court’s discretion. Accordingly, we grant the State’s writ application and reverse the trial court judgment denying the continuance. We hereby grant the | ¡.continuance of the September 1, 2011 trial date. Because of our decision, the request for a stay is moot.

WRIT GRANTED; JUDGMENT REVERSED

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Bluebook (online)

72 So. 3d 939, 2011 La.App. 4 Cir. 1186, 2011 La. App. LEXIS 1001, 2011 WL 3844220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barnes-lactapp-2011.

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