State Of Louisiana v. Landon Kyle Palmature

STATE OF LOUISIANA NO. 2024 KW 0280

VERSUS

LANDON KYLE PALMATURE APRIL 9, 2024

In Re: Landon Kyle Palmature, applying for supervisory writs,
16th Judicial District Court, Parish of St. Mary, No.
20- 207349.

BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.

WRIT DENIED.

EW

TPS

Welch, J., dissents and would grant the writ. In order to
meet due process requirements, " capital and other
felony cases
must be allotted for trial ... on a random or rotating basis or
under some other procedure adopted by the court which does not
vest the district attorney with power to choose the judge to
whom a particular case is assigned. See State v. Simpson, 551
So. 2d 1303, 1304 ( La. 1989) ( per curiam) ( Emphasis added). The
district attorney has an unfettered right to call a case for
trial. See La. Code Crim. P. 61.
art.
By not calling the case
for trial, the District for
Attorney the Sixteenth Judicial
District can, in essence, deselect a judge before whom the case
had been initially allotted. I find
randomly Accordingly, the
Sixteenth Judicial District Court' s local rule, which provides
that criminal sections will be rotated
annually by three
sections, violates relator' s due process rights as the procedure
is subject
to manipulation by the district See State
attorney.
v. Reed, 95- 0648 ( La. 4/ 28/ 95), 653 So. 2d 1176 ( per curiam).

OURT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK OF COURT
FOR THE COURT