State Of Louisiana v. Darrill Henry

The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DARRILL HENRY
No.2020-KK-00445
_ _ _ _ _ _
IN RE: State
of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 451- 696, Court of
Appeal, Fourth Circuit, Number(s) 2020-K-0200;
_ _ _ _ _ _
April 17, 2020
Writ application granted. See per curiam.
Johnson, C.J., would deny.
Hughes, J., would deny.
Crichton, J., would deny.
JLW
JTG
WJC
JHB
04/17/2020 "See News Release 013 for any Concurrences and/or Dissents."

04/17/20
S
UPREME COURT OF LOUISIANA
No
. 2020-KK-00445
STA
TE OF LOUISIANA
ve
rsus
DARRI
LL HENRY
O
N SUPERVISORY WRIT TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PE
R CURIAM:
Writ granted. The district court’s order setting bail is vacated, and the matter
is remanded to the district court to conduct a contradictory hearing to determine
whether defendant is entitled to bail following the district court’s order granting
defendant a new trial, which order the district court stayed pending appellate
review. See La. Const. Art. I, § 18(B) (“[A] person charged with a crime of
violence . . ., and the proof is evident and the presumption of guilt is great, shall
not be bailable if, after a contradictory hearing, the judge or magistrate finds by
clear and convin cing evidence that there is a substantial risk that the person may
flee or poses an imminent danger to any other person or the community. ”). If the
district court sets bail after conducting a contradictory hearing upon remand, the
district court is further directed to consider whether additional conditions or
restrictions are appropriate to safeguard the victims’ families, the witnesses, and
the community. See La.C.Cr.P. art. 320(B). The stay previously issued by this
court pending supervisory review of the setting of bail is hereby lifted.
VACATED AND REMANDED