State Of Louisiana v. Jordan A. Mitchell

Supreme Court of Louisiana
November 08, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JORDAN A. MITCHELL
No. 2022-KK-01126
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I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 598- 537, 598-552,
Court of Appeal, Fourth Circuit, Number(s) 2022-K-0449;
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November 08, 2022
Writ application granted. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
11/08/2022 "See News Release 048 for any Concurrences and/or Dissents."

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SUPREME COURT OF LOUISIANA
No. 2022-KK-01126
STATE OF LOUISIANA
VS.
JORDAN A. MITCHELL
On Supervisory Writ to the Criminal District Court, Parish of Orleans Criminal
PER CURIAM
The Criminal District Court for the Parish of Orleans denied a motion for
hearing pursuant to LSA-C.Cr.P. art. 313 on the basis that Article 313 was applicable
only to domestic violence cases. Pursuant to the clear and unambiguous language of
Article 313, specifically, Article 313(B):
Upon motion of the prosecuting attorney, the judge or magistrate may
order the temporary detention of a person in custody who is charged
with the commission of an offense, for a period of not more than five
days, exclusive of weekends and legal holidays, pending the conducting
of a contradictory bail hearing. Following the contradictory hearing,
upon proof by clear and convincing evidence either that there is a
substantial risk that the defendant might flee or that the defendant poses
an imminent danger to any other person or the community, the judge or
magistrate may order the defendant held without bail pending trial.
(Emphasis added.)
A review of the entirety of LSA-C.Cr.P. article 313 reveals that the statute is
applicable to several categories of cases , and that each Section of the statute is
applicable to a separate category of offenses or class of offenders. Specifically, while
Article 313(A) contains the procedure applicable to defendants charged with
domestic abuse crimes, Article 313(B) , as noted above, applies to “a person in
custody . . . charged wit h the commission of an offense,” Article 313(C) applies to
“a person in custody who is charged with the commission of a sex offense and who
has been previous ly convicted of a sex offense,” and Article 313(D) states that
persons charged with a capital offense “shall not be admitted to bail if the proof is
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evident and the presumption great that he is guilty of the capital offense.” As the
statute as a whole is not applicable solely in proceedings instituted against those
charged with domestic violence offenses, the ruling of the district court denying the
State’s motion for hearing is vacated, and this matter is remanded to the district court
for consideration of the State’s motion for hearing pursuant to LSA-C.Cr.P. article
313.
VACATED and REMANDED.