State Of Louisiana v. Rochard Jones

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.
ROCHARD JONES
No. 2022-KK-01358
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I
N RE: Rochard Jones - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 598- 856, Court of
Appeal, Fourth Circuit, Number(s) 2022-K-0605;
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November 08, 2022
Writ application granted. See per curiam.
Weimer, C.J., dissents.
Crichton, J., dissents.
PDG
JDH
JTG
WJC
JBM
11/08/2022 "See News Release 048 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-KK-01358
STATE OF LOUISIANA
VS.
ROCHARD JONES
On Supervisory Writ to the Criminal District Court, Parish of Orleans Criminal
PER CURIAM
Writ granted. Defendant was arrested on June 28, 2022, and appeared in
magistrate court the fo llowing day on eleven charges. The S tate filed a bill of
information on August 29, 2022, accepting three of the charges: attempted second
degree murder, possession of a firearm by a convicted felon, and discharging a
firearm during a violent crime. 1 On September 6, 2022, defendant filed a written
motion for release as to the remaining charges. A hearing was held the same day
wherein the magistrate court denied defendant’s motion.
The S tate has not timely instituted prosecution by bill of information or
indictment with respect to the other charges, and pursuant to La.C.Cr. P. art. 701,
defendant must be released from his bail obligations on those offenses.2 The order
of the magistrate co urt denying defendant’s motion for release as to those eight
charges is hereby reversed, and the district court is ordered to enter an order relieving
1 Defendant made an oral motion for release as to all charges, however, the State filed its bill of
information prior to the commencement of the August 29, 2022 hearing and the magistrate court
denied the motion. Defendant does not challenge this decision in his writ application.
2 On September 29, 2022, during the pendency of supervisory review, the State filed a second bill
of information wherein it charged defendant with an additional six charges: obstruction of justice,
distribution of amphetamine less than 28 grams, possession of marijuana less than 14 grams,
possession of a dangerous weapon while committing a crime of violence or while in possession of
a controlled dangerous substance, possession of a firearm by a felon, and possession with the intent
to distribute heroin. This second bill of information is untimely as it was not filed prior to the
hearing on defendant’s motion to release. See State v. Varmall, 539 So.2d 45, 46 (La. 1989).
11/08/22

defendant of his bond obligations as to those eight offenses that were not charged in
the August 29, 2022 bill of information.