2025KW0115 Nonprecedential Processed

State Of Louisiana v. Ricky Gill

Louisiana Court of Appeal, First Circuit · Filed February 11, 2025

Opinion text

STATE OF LOUISIANA NO. 2025 KW 0115

VERSUS

RICKY GILL FEBRUARY 11, 2025

In Re: Ricky Gill, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No. 49198.

BEFORE: McCLENDON, C - J., LANIER AND BALFOUR, JJ.

WRIT GRANTED. Excessive bail shall not be required, nor

excessive fines imposed, nor cruel and unusual punishments
inflicted. U. S. Const. amend. VIII. 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; see
also La. Code Crim. P. art. 312 ( A) . The Eighth Amendment mandates
that when bail is granted,
it may not be unreasonably high in light
of the government' s purpose for imposing bail. See United States
v. Salerno, 481 U. S. 739, 754
, 107 S. Ct. 2095, 2105, 95 L. Ed. 2d
697 ( 1987). Based on the information presented to this court with
regard to relator' s charges, his previous criminal record, his
willingness to abide by any conditions set by the court, and his
lack financial ability to pay the amount of total bail of

2, 650, 000
set by the district court, this matter is remanded to
the district court to review the charges against relator and the
factors set forth in La. Code Crim. P. art. 316, and reduce

relator' s bond to a reasonable amount.

cm

McClendon, C. J., dissents. I would issue an interim order for
the State of Louisiana to file a response addressing the merits of
relator' s claims and invite the district court to file a per curiam
in this matter.

URT OF APPEAL, FIRST CIRCUIT

DUTY CLERK OF COURT
FOR THE COURT