2025 KW 0604 Nonprecedential Writ granted Processed

State Of Louisiana v. Derian Jerome Bailey

Louisiana Court of Appeal, First Circuit · Filed July 3, 2025

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Morris 770 So. 2d 908
State ex rel. White v. State 799 So. 2d 496

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISTANA NO. 2025 KW 0604

VERSUS

DERIAN JEROME BAILEY JULY 3, 2025

In Re: State of Louisiana, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
DC-22-05281.

BEFORE : HESTER, EDWARDS, AND BALFOUR, JJ.

WRIT GRANTED. The defendant bears a heavy burden of proof
when alleging prejudicial joinder and is required to make factual,
rather than conclusory, allegations. State v. Morris, 99-3075
(La. App. Ist Cir. 11/3/00), 770 So.2d 908, 913, writ denied, 2000-
3293 (La. 10/12/01), 799 So.2d 496, cert. denied, 535 U.S. 934,
122 S.Ct. 1311, 152 L.Ed. 2d 220 (2002). The trial court abused
its discretion in finding that the defendant carried his burden of
proof to establish prejudicial joinder. Accordingly, the ruling
granting the motion to sever is reversed, and this matter is
remanded for further proceedings.

URT OF APPEAL, FIRST CIRCUIT

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“MEPUTY CLERK OF COURT
FOR THE COURT