State Of Louisiana v. Michael Hawk
State Of Louisiana v. Michael Hawk, No. 2021KW0873 (La. Ct. App. 1st Cir. Nov. 22, 2021).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Goodley 423 So. 2d 648
- 52 La. 1982 not in our corpus
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2021 KW 0873
VERSUS
MICHAEL HAWK NOVEMBER 22, 2021
In Re: Michael Hawk, applying for supervisory writs, 20th
Judicial District Court, Parish of East Feliciana, No.
16 - CR - 999.
BEFORE: WELCH, THERIOT, AND HESTER, JJ.
WRIT DENIED.
MRT
CHH
Welch, J., dissents and would grant the writ application to
reverse the district court' s ruling denying the motion to quash.
While retrial of relator for the offense of first degree rape
would not violate the principles of double jeopardy, see State
V. Janes, 2021- 01465 ( La. 10/ 14/ 21), So. 3d , 2021 WL
4860025, it would violate relator' s right of appeal. See La.
Const, art. I, § 19; State v.
Gaadley, 423 So. 2d 648, 651- 52
La. 1982).
COURT OF APPEAL, FIRST CIRCUIT
f
DEPUT LEIRK OF COURT
FOR THE COURT