State Of Louisiana v. Desmond Carter

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISTANA NO. 2026 KW 0766

VERSUS

DESMOND CARTER JULY 22, 2026

In Re: State of Louisiana, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
DC-23-00925.

BEFORE : PENZATO, GREENE, AND FIELDS, JJ.

WRIT GRANTED. On April 13, 2026, relator filed a motion for
speedy trial accompanied by an affidavit from counsel certifying
that the defense is prepared to proceed to trial within the delays
set forth in La. Code Crim. P. art. 701. Further, counsel certified
that “this criminal matter is in an appropriate posture for trial.”
The record reflects otherwise as there were several unresolved
motions filed by the defense. Of particular significance, a Motion
to Quash Count 1 of the indictment remains pending. This motion
raises a constitutional issue and, at the time of the May 13, 2026
hearing, there was no proof in the record that the Louisiana
Attorney General had been served with notice. Further, the
defendant did not elect to withdraw his motions. Accordingly,
counsel’s certification is premature, and the motion for speedy
trial was improperly granted. Therefore, the ruling granting the
motion for speedy trial is reversed and this matter is remanded
for further proceedings.

AHP
HG

Fields, J., dissents and would deny the writ application.

cc RT OF APPEAL, FIRST CIRCUIT

FOR THE COURT