State v. Charney

Louisiana Court of Appeal

State v. Charney

541 So. 2d 927, 1989 WL 35546

CourtLouisiana Court of Appeal

DecidedMarch 13, 1989

DocketNo. K89-242

StatusPublished

Cited by1 cases

This text of 541 So. 2d 927 (State v. Charney) 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. Charney, 541 So. 2d 927, 1989 WL 35546 (La. Ct. App. 1989).

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Opinion

WRIT GRANTED AND MADE PEREMPTORY.

The trial judge’s order releasing the defendant from the custody of the Calcasieu Parish jail is vacated and set aside. Since La.C.Cr.P. art. 701(C) does not provide a remedy for its violation, the state’s failure to meet that thirty day period must be weighed in accordance with the four factors enumerated in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972); State v. Cody, 446 So.2d 1278 (La.App. 2 Cir.1984). After having weighed those factors against the facts of this case, we find that the defendant was not prejudiced by the delay in arraignment and that it was error for the lower court to order the release of the defendant.

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WRIT GRANTED AND MADE PEREMPTORY.

The trial judge’s order releasing the defendant from the custody of the Calcasieu Parish jail is vacated and set aside. Since La.C.Cr.P. art. 701(C) does not provide a remedy for its violation, the state’s failure to meet that thirty day period must be weighed in accordance with the four factors enumerated in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972); State v. Cody, 446 So.2d 1278 (La.App. 2 Cir.1984). After having weighed those factors against the facts of this case, we find that the defendant was not prejudiced by the delay in arraignment and that it was error for the lower court to order the release of the defendant.

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Bluebook (online)

541 So. 2d 927, 1989 WL 35546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-charney-lactapp-1989.

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