2015-K-1845 C/W 2015-K-1846 Precedential Processed

State of Louisiana v. Chaka Stewart

Louisiana Supreme Court · Filed May 12, 2017 · 219 So. 3d 306

Cited by

State of Louisiana Versus Marlon a Sagastume La. Ct. App. 5th Cir. 2025
State Of Louisiana v. Jonathan Ray Harbin, Jr. La. Ct. App. 1st Cir. 2021
State Of Louisiana v. Joseph B. Schmidt La. Ct. App. 1st Cir. 2021
State of Louisiana v. Percy Platt La. Ct. App. 4th Cir. 2021
State of Louisiana v. Justin Marshall La. Ct. App. 4th Cir. 2019
State v. Gumms 247 So. 3d 193 La. Ct. App. 1st Cir. 2018

Opinion text

Hughes, J., dissenting. | Respectfully, this case must be distinguished from State v. Romar and is much closer to State v. Baptiste. *310 A distinction should be drawn between the situation where a properly noticed defendant voluntarily fails to appear in court (Romar) and the current situation where it was physically impossible for the defendant to appear because he was in federal custody. This fact -was known to all and appears in the minutes of court. The defendant even provided his attorney with án affidavit stating same so that his attorney could continue to represent him in his absence. This is not a situation where the state has no duty to locate a truly “absent” defendant pursuant to Romar.