State v. Westfall
This text of 708 So. 2d 1053 (State v. Westfall) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Writ granted. As an alternative to summoning all concerned parties to a contradictory hearing conducted in open court, the district court shall first provide the district attorney and arresting agency with the opportunity to respond in writing to the allegations of relator’s motion, either conceding that relator is entitled to expungement of one or more of his arrests and waiving the contradictory hearing called for in La.Rev.Stat. 44:9B and La.Rev.Stat. 44:9C, cf La.Ch. Code art. 919C, or denying specifically his allegations. The court shall then provide relator with the opportunity to file a written response to any opposition. If there exist no factual disputes which the presence of the parties, including relator, may help resolve, the district court may conduct the hearing on the pleadings and any supporting documents. See State ex rel. Griffin v. Twenty-First Judicial District Court, 532 So.2d 137 (La.1988).
Calogero, C.J., not on panel. Rule IV, Part 2, § 3.
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Cite This Page — Counsel Stack
708 So. 2d 1053, 1998 La. LEXIS 988, 1998 WL 203211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-westfall-la-1998.