State Of Louisiana v. Elzey Jeffrey Perilloux

Supreme Court of Louisiana
September 13, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ELZEY JEFFREY PERILLOUX
No. 2023-KK-01226
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I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of St. John the Baptist, 40th Judicial District Court Number(s) 2018-CR-193,
Court of Appeal, Fifth Circuit, Number(s) 23-KH-413;
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September 13, 2023
Writ application granted. See per curiam.
JBM
JLW
SJC
JTG
WJC
PDG
09/13/2023 "See News Release 040 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-KK-01226
STATE OF LOUISIANA
VS.
ELZEY JEFFREY PERILLOUX
On Writ of Certiorari to the Court of Appeal, Fifth Circuit,
Parish of St. John the Baptist
PER CURIAM
Writ granted. The district court erred in finding that the circumstances of the
crimes and the evidence and testimony presented at trial and at sentencing are
irrelevant to the question of whether “defendant’s release will pose a danger to any
other person or the community, or that there is a substantial risk that defendant might
flee” pursuant to La.C.Cr.P. art 312. See, e.g., State v. Moore , 419 So.2d 963, 969
(La. 1982). For the reasons provided by Judge Wicker, dissenting in the court of
appeal, we find the district court abused its discretion in granting defendant’s motion
to set an appeal bond. We reverse the ruling of the court of appeal and we vacate the
district court’s order setting an appeal bond. Defendant shall remain in state custody
pending the appeal. We hereby lift the stay previously imposed.
STAY LIFTED; REVERSED AND VACATED