2021KW1273 Nonprecedential Processed

State Of Louisiana v. Matthew Mire

Louisiana Court of Appeal, First Circuit · Filed October 22, 2021

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Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2021 KW 1273

VERSUS
MATTHEW MIRE OCTOBER 22, 2021

In Re: Matthew Mire, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, Nos.
44495, 44496.

BEFORE: McCLENDON, WELCH, .!IND THERIOT, JJ.

WRIT GRANTED .!IND STAY DENIED. The district court erred in
issuing the October 15, 2021 order ex parte. Absent a showing
of good cause, the district court was required to hold a
contradictory hearing on the State's motion prior to issuing the
order. See State v. Brown, 2016-0274 (La. 4/22/16), 192 So.3d
720
, 721. We therefore vacate the October 15, 2021 order and
remand this matter to the district court to hold a contradictory
hearing on the State's motion no later than November 2, 2021.

PMc
MRT

Welch, J., concurs.

/DEPUTY CLERK ~ COURT
FOR THE COURT