2019KW1272 Nonprecedential Writ denied Processed

State Of Louisiana v. Earnest White

Louisiana Court of Appeal, First Circuit · Filed November 12, 2019

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Varmall 539 So. 2d 45
State v. Bell 169 So. 3d 417

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 1272

VERSUS

EARNEST CARLO WHITE
NOV 12 201

In Re: Ernest Carlo White, for
applying supervisory writs,

19th Judicial District Court, Parish of East Baton
Rouge, No. 04- 19- 0701.

BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.

WRIT DENIED. A just cause hearing should be held when the
delay to institute prosecution has passed, a motion for release
has been filed, and a bill of information or indictment is not
filed before a hearing is held on the motion. See La. Code
Crim. P. art. 701( B). See State v. Varmall, 539 So. 2d 45 ( La.
1989) ( per curiam); State v. Bell, 2014- 1045 ( La. App. 1st Cir.
1/ 15/ 15), 169 So. 3d 417, 425.

VGW
WJC

Guidry, J., dissents and would not consider the writ

application which appears to be untimely. See Uniform Rules of

Louisiana Courts of Appeal, Rules 4- 2 and 4- 5.

COURT OF APPEAL, FIRST CIRCUIT

LiL. J

DEPUTY CIIERK OF COURT
FOR THE COURT

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