State Of Louisiana v. David Doyle

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NO. 2020 KW 0405
STATE OF LOUISIANA

VERSUS

JUNE 11, 2020
DAVID J. DOYLE

writs, 18th
Doyle, applying for supervisory
In Re: David J.
West Baton Rouge,
District Court, Parish of
Judicial

No. 171551.

WELCH, AND HOLDRIDGE, JJ.
BEFORE: McCLENDON,

State v. Doyle, 2020-
See ruling in
WRIT DENIED AS MOOT.
relator' s motion to
La. 1st Cir. 6/ 11/ 20), granting
0452 ( App.
expedite his appeal.

PMC
GH

Welch, J., dissents in part. In light of the United States
Ramos Louisiana, U. S. ,
Supreme Court' s decision in v.

2020), I believe this court
140 S. Ct. 1390, L. Ed. 2d (
to vacate relator' s
jurisdiction
should exercise supervisory

convictions and sentences and remand this matter to the district
Tuscano rel. v.
See State ex
court for further proceedings.

A court of appeal has
491 So. 2d 1341 ( La. 1986) ("
Donnelly,
which arise within its
jurisdiction over cases
supervisory
Const. art. 5, § j 10( A). This constitutional grant
circuit. [ La.
and its use cannot be fettered by statutory
of power is plenary,
writs will not issue when
law. ... Generally, supervisory
However, an
relator has available another adequate remedy. ...
cases in which justice is
exception is made in extraordinary
damage would result before an
denied and irreparable
being this case is
The factor in
appeal could be taken). compelling
incarcerated on an invalid verdict.
that the relator is
appeal
incarcerated pending
relator to remain
Requiring no
In so observing, I make
constitutes irreparable harm.
that be raised on
to issues may
findings with respect any
evidence, nor whether double
appeal, such as sufficiency of the
jeopardy is applicable.

COURT OF APPEAL, FIRST CIRCUIT

EPUTY
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COURT
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