State v. Blair

Supreme Court of Louisiana

State v. Blair

582 So. 2d 848, 1991 La. LEXIS 1927, 1991 WL 119400

Supreme Court of Louisiana·Decided June 28, 1991·No. No. 91-KK-1420·Published

Opinion

In re State of Louisiana; — Plaintiff(s); applying for writ of certiorari and/or re[849]*849view, writ of prohibition, supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “I”, No. 345-958; to the Court of Appeal, Fourth Circuit, No. 91KW-0966.

Granted. Trial court’s order granting all defense motions is vacated. The proper remedy for the state’s failure to show probable cause at the preliminary examination is the release of defendant from custody or bail. State v. Sterling, 376 So.2d 103 (La.1979). Case is remanded to the trial court for further proceedings.

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In re State of Louisiana; — Plaintiff(s); applying for writ of certiorari and/or re[849]*849view, writ of prohibition, supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “I”, No. 345-958; to the Court of Appeal, Fourth Circuit, No. 91KW-0966.

Granted. Trial court’s order granting all defense motions is vacated. The proper remedy for the state’s failure to show probable cause at the preliminary examination is the release of defendant from custody or bail. State v. Sterling, 376 So.2d 103 (La.1979). Case is remanded to the trial court for further proceedings.

State v. Blair, 582 So. 2d 848, 1991 La. LEXIS 1927, 1991 WL 119400 (La. 1991).

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Opinion

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