State Of Louisiana In The Interest Of M.B.

Supreme Court of Louisiana
December 22, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA IN THE INTEREST
OF M.B. No.2020-CK-01414
_ _ _ _ _ _
IN
RE: Confidential Party - Applicant Other; Applying For Supervisory Writ, Parish
of Orleans Criminal, Orleans Juvenile Court Number(s) 2020-343- 02-DQ-F, Court
of Appeal, Fourth Circuit, Number(s) 2020-C-0634;
_ _ _ _ _ _
December 22, 2020
Writ application granted. See per curiam.
Hughes, J., dissents.
Crichton, J., dissents and assigns reasons.
JLW
JTG
WJC
JBM
12/22/2020 “See News Release 050 for any Concurrences and/or Dissents.”

S
UPREME COURT OF LOUISIANA
No. 2020-CK-01414
STATE OF LOUISIANA IN THE INTEREST OF M.B.
O
N SUPERVISORY WRIT TO THE JUVENILE COURT,
PARISH OF ORLEANS
P
ER CURIAM:
Writ granted. On December 4, 2020, 14-year-old M.B. was arrested on several
charges and detained at the Juvenile Justice Intervention Center in Orleans Parish.
On December 8, 2020, M.B. filed a Motion for Immediate Release on the grounds
that the juvenile court had failed to hold a continued custody hearing within three
days of his detention, as required by La.Ch.C. art. 819 et seq. That same day, t he
juvenile court scheduled a hearing via Zoom, at which the court denied the Motion
for Immediate Release, citing pandemic-related scheduling difficulties and a heavy
caseload as reasons for failing to hold a hearing within the statutorily mandated time.
The court of appeal denied writs without comment. State v. M.B., 20-0634 (La. App.
4 Cir. 12/10/20) (unpub’d).
When a child is taken into custody, the juvenile court must set and hold an
adversarial continued custody hearing within three days . La.Ch.C. art. 819. At the
hearing, the state must prove there is probable cause that the juvenile has committed
a delinquent act. La.C.Ch. art. 820. If the court fails to hold the continued custody
hearing within three days of the child’s detention, or if the state fails to meet its
burden at the hearing, the child must be released. La.Ch.C. art. 821.
Here, the juvenile court failed to hold a continued custody hearing within three
days of M.B.’s entry into a juvenile detention facility. As such, La.Ch.C. art. 819
12/22/2020

mandates that he be released . Accordingly, the juvenile court’s ruling denying
M.B.’s Motion for Immediate Release is vacated. M.B. is ordered released. We
remand to the juvenile court for further proceedings consistent with this opinion.
VACATED AND REMANDED