2023KW1242 Nonprecedential Remanded Processed

State Of Louisiana v. Deborah Shirley

Louisiana Court of Appeal, First Circuit · Filed January 29, 2024

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. DeJesus 642 So. 2d 854
State v. Bowie 684 So. 2d 68
State v. Bowie 687 So. 2d 369

Opinion text

STATE OF LOUISIANA NO. 2023 KW 1242

VERSUS

DEBORAH SHIRLEY
JANUARY 29, 2024

In Re: Deborah Shirley, applying for supervisory writs, 20th
Judicial District Court, Parish of West Feliciana, No.
22- WFLN- 236.

BEFORE: HESTER, MILLER, AND GREENE, Ji.

WRIT GRANTED.
The conduct alleged against relator does not
provide a legal basis for the offense See
charged. State v.
DeJesus, 94- 0261 ( La. 9/ 16/ 94), 642 So. 2d 854, 855 ( per curiam).
The negligent homicide statute proscribes conduct that goes
beyond carelessness, mistake, error in judgment or omission of

duty. It is more than the mere failure to do something which a
reasonable and prudent man would do. See State v. Bowie, 95- 795
La. App. 3d Cir. 11/ 13/ 96), 684 So. 2d 68, writ granted, 96- 2987
La. 1/ 31/ 97), 687 So. 2d 369. Accordingly, the district court
erred by not
ordering the bill of information quashed. The
ruling denying the motion to quash is reversed, the motion to
quash is granted, and this matter is remanded to the district
court for further proceedings.

CHH
SMM

HG

URT OF APPEAL, FIRST CIRCUIT

M

DUTY CLERK OF COURT
FOR THE COURT

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