State Of Louisiana v. Michael Wade Halverson

Supreme Court of Louisiana
December 21, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MICHAEL WADE HALVERSON
No. 2021-KK-01592
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I
N RE: Michael Wade Halverson - Applicant Defendant; Applying For Supervisory
Writ, Parish of Bossier, 26th Judicial District Court Number(s) 239510A; 239510B;
239510C, Court of Appeal, Second Circuit, Number(s) 54,327-KW C/W 54,328-
KW; 54,329-KW; and 54,330-KW;
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December 21, 2021
Writ application granted. See per curiam.
Weimer, C.J., would deny.
Crichton, J., dissent and assigns reasons.
McCallum, J., dissents for the reasons assigned by Justice Crichton.
JTG
JDH
WJC
PDG
12/21/2021 "See News Release 051 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-KK-01592
STATE OF LOUISIANA
VS.
MICHAEL WADE HALVERSON
On Supervisory Writ to the 26th Judicial District Court, Parish of Bossier
PER CURIAM:
Defendant, Michael Wade Halverson, was operating a rig truck on the
interstate in Bossier Parish on June 10, 2020 , when he caused a multivehicle
collision that resulted in two fatalities . Defendant was arrested a year later and
charged with two counts of negligent homicide pursuant to La.R.S. 14:32, one count
of obstruction of justi ce pursuant to La.R.S. 14:130.1, one count of u se of certain
wireless telecommunications devices for text messaging an d social networking
prohibited pursuant to La.R.S. 32:300.5, and one count of reckless ope ration of a
vehicle pursuant to La.R.S. 14: 99. His bail was set at $485,000.
Bail must be set according to the factors listed in La.C.Cr.P. art. 316, which
include the following:
(1) The seriousness of the offense charged, including but not limited to
whether the offense is a crime of violence or involves a controlled
dangerous substance.
(2) The weight of the evidence against the defendant.
(3) The previous criminal record of the defendant.
(4) The ability of the defendant to give bail.
(5) The nature and seriousness of the danger to any other person or the
community that would be posed by the defendant's release.
(6) The defendant's voluntary participation in a pretrial drug testing
program.
(7) The absence or presence in the defendant of any controlled
dangerous substance.
(8) Whether the defendant is currently out on a bail undertaking on a
previous felony arrest for which he is awaiting institution of
prosecution, arraignment, trial, or sentencing.
(9) Any other circumstances affecting the probability of defendant's
appearance.
12/21/21

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(10) The type or form of bail.

While the circumstances of this case are tragic, we find the trial court abused
its discretion in setting bail at $485,000, which we find excessive and, therefore, in
violation of the Eighth Amendment of the United States Constitution and La. Const.
art. I, § 18.1 Defendant is gainfully employed as a heavy-equipment operator2 and is
a life-long resident of Bossier Parish, where he has raised a family that he continues
to financially and emotionally support. Defendant has no previous criminal record,
and volunteered to participate in a pre -trial drug testing program. Additionally, the
crime with which he is charged is not a legislatively-enumerated crime of violence,
and no controlled dangerous substance use was alleged by t he state. Defendant no
longer operates a rig truck and currently only drives his personal truck to and f rom
his place of employment . Finally, defendant lacks the financial ability to pay the
amount of bail set by the trial court.

1 The Eighth Amendment of the United States Constitution provides that “Excessive bail shall not
be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Additionally, the Louisiana Constitution prohibits excessive bail obligations:

Section 18. (A) Excessive bail shall not be required. Before and during a trial, a
person shall be bailable by sufficient surety, except when he is charged with a
capital offense and the proof is evident and the presumption of guilt is great. After
conviction and before sentencing, a person shall be bailable if the maximum
sentence which may be imposed is imprisonment for five years or less; and the
judge may grant bail if the maximum sentence which may be imposed is
imprisonment exceeding five years. After sentencing and until final judgment, a
person shall be bailable if the sentence actually imposed is five years or less; and
the judge may grant bail if the sentence actually imposed exceeds imprisonment for
five years.

(B) However, a person charged with a crime of violence as defined by law or with
production, manufacture, distribution, or dispensing or possession with intent to
produce, manufacture, distribute, or dispense a controlled dangerous substance as
defined by the Louisiana Controll ed Dangerous Substances Law, 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 convincing
evidence that there is a substantial risk that the p erson may flee or poses an
imminent danger to any other person or the community.

La. Const. art. I, § 18.

2 Defendant’s job does not require him to operate heavy machinery on public roadways.

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We find that, pursuant to the dictates of L a.C.Cr.P. art. 316 , as well as the
constitutions of Louisiana and the United States, defendant’s total bail obligation
should not exceed $200,000 . Therefore, we remand to the trial court to set bail in
accordance with our ruling herein.