State of Louisiana Versus D'Juan MacKey

STATE OF LOUISIANA NO. 22-K-151

VERSUS FIFTH CIRCUIT

D'JUAN MACKEY COURT OF APPEAL

STATE OF LOUISIANA

April 07, 2022

Nancy F. Vega
Chief Deputy Clerk

IN RE STATE OF LOUISIANA

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT,
PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
VERCELL FIFFIE, DIVISION "A", NUMBER 18,157

Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and Hans J. Liljeberg

WRIT GRANTED; JUDGMENT VACATED

Relator, the State of Louisiana, seeks review of the trial court’s “Order of
Release” ordering defendant’s release in this matter at 5:21 p.m. on April 7, 2022.
For the following reasons, we grant the writ, reverse the trial court’s finding that
the State failed to prove just cause for a continuance of trial, and vacate the trial
court’s April 5, 2022 Order of Release.

On July 7, 2021, defendant, D’Juan Mackey, filed a Motion for Speedy Trial
with an accompanying affidavit as required under La. C.Cr.P. art. 701(D). Shortly
thereafter, on August 29, 2021, Hurricane Ida impacted the 40th Judicial District
Court and surrounding areas. Through a series of Orders, the 40th Judicial District
Court remained closed through September 19, 2021, and all criminal jury trials
were suspended and scheduled to be reset in an instructed manner during the time
period of January, 2022 to March, 2022. This matter was first set for trial in
March, 2022, and was continued to April 4, 2022, due to the unavailability of a
State witness.

During voir dire, the lead prosecutor learned that his mother had just passed
away and the State requested a continuance of trial. The trial court continued the
trial until June 1, 2022, thereafter holding a contradictory hearing to address
defendant’s motion for immediate release without bond pursuant to La. C.Cr.P. art.
701. At the hearing, the State argued that the lead prosecutor’s immediate family
member’s death was beyond the State’s control and constituted “just cause” under
La. C.Cr.P. art. 701. The trial court found that the State had failed to show just
cause for delay of trial until June 1, 2022. The trial judge ordered the defendant be
held for 48 hours, to be released without bond on April 7, 2022 at 5:21 p.m.

Under the circumstances of this case, we find that the trial judge abused his
discretion in finding that the death of the lead prosecutor’s mother did not
constitute just cause to support an approximate six-week delay of trial.
Accordingly, we grant the State’s writ application, reverse the trial court’s finding,
and vacate the April 5, 2022 Order of Release.

Gretna, Louisiana, this 7th day of April, 2022.

FHW
SMC
HJL

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN S. BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 04/07/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

22-K-151
E-NOTIFIED
40th District Court (Clerk)
Honorable Vercell Fiffie (DISTRICT JUDGE)
Orenthal J. Jasmin (Relator) Honorable Bridget A. Dinvaut (Relator)
Randy J. Dukes (Respondent)

MAILED