State Of Louisiana v. Michael Louis Costa

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 KW 1339
VERSUS

MICHAEL LOUIS COSTA FEBRUARY 23, 2026
In Re: Michael Costa, applying for supervisory writs, 23rd

Judicial District Court, Parish of Ascension, No. 50152.

BEFORE : LANIER, WOLFE, AND HESTER, JJ.

WRIT DENIED.

EW

CHH
Lanier, J., dissents. The record does not reflect that
relator has been charged with an offense that requires a Gwen’s
Law hearing. See La. Code Crim. P. art. 313(A)(2). Before and

during a trial, a person shall be bailable by sufficient surety,
except when he is charged with a capital offense and the proof is
evident and the presumption of guilt is great. See La. Const.
art. I, § 18(A); La. Code Crim. P. art. 312(A). The purpose of
bail is to assure the accused’s appearance in court. See La. Code
Crim. P. art. 311(1). Bail must be set according to the factors
listed in La. Code Crim. P. art. 316. While relator is charged
with serious offenses, he is not charged with a capital offense
nor a crime of violence. Based on the information presented during
the bond hearing, the record shows relator is a resident of
Ascension Parish with family and employment in the parish. While
relator’s previous criminal record involves a marijuana offense,
there was no evidence presented that relator used controlled
dangerous substance during the commission of the alleged
offenses. Given the foregoing, the district court’s setting of
bail under the standard set forth in Article 313 was improper.
Thus, I would grant the writ application and remand this matter
for the setting of bail in this case pursuant to Article 316.

COURT OF APPEAL, FIRST CIRCUIT

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PUTY CLERK OF COURT
FOR THE COURT