State of Louisiana Versus Rene Barthelemy

STATE OF LOUISIANA NO. 23-K-151

VERSUS FIFTH CIRCUIT

RENE BARTHELEMY COURT OF APPEAL

STATE OF LOUISIANA

April 11, 2023

Susan Buchholz
Chief Deputy Clerk

IN RE RENE BARTHELEMY

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
MICHAEL P. MENTZ, DIVISION "F", NUMBER 22-2578

Panel composed of Judges Susan M. Chehardy,
Marc E. Johnson, and Cornelius E. Regan, Pro Tempore

WRIT GRANTED FOR LIMITED PURPOSE

Relator, Rene Barthelemy, seeks review of the trial court’s March 14, 2023

ruling that summarily dismissed his pro se motion for speedy trial without prejudice.

La. C.Cr.P. art. 701 states, in pertinent part:

D. (1) A motion by the defendant for a speedy trial, in order to be
valid, must be accompanied by an affidavit by defendant’s counsel
certifying that the defendant and his counsel are prepared to
proceed to trial within the delays set forth in this Article. Except as
provided in Subparagraph (3) of this Paragraph,1 after the filing of
a motion for a speedy trial by the defendant and his counsel, the
time period for commencement of trial shall be as follows:

(a) The trial of a defendant charged with a felony shall commence
within one hundred twenty days if he is continued in custody
and within one hundred eighty days if he is not continued in
custody.

1
La. C.Cr.P. art. 701(D)(3) states:
After a motion for a speedy trial has been filed by the defendant, if the defendant files any
subsequent motion which requires a contradictory hearing, the court may suspend, in accordance
with Article 580, or dismiss upon a finding of bad faith the pending speedy trial motion. In
addition, the period of time within which the trial is required to commence, as set forth by Article
578, may be suspended, in accordance with Article 580, from the time that the subsequent motion
is filed by the defendant until the court rules upon such motion.

***

F. A motion for a speedy trial filed by the defendant, but not
verified by the affidavit of his counsel, shall be set for contradictory
hearing within thirty days.

Here, Relator’s motion for speedy trial was not verified by his counsel of

record. Thus, in light of La. C.Cr.P. art. 701(F), the procedural vehicle to determine

if Relator’s right to a speedy trial was violated is by way of a contradictory hearing.

Therefore, we find the trial court erred in summarily denying Relator’s motion

without first scheduling a contradictory hearing.

Accordingly, we grant the writ application for the limited purpose of

remanding the matter to the trial court for a contradictory hearing to be held within

thirty (30) days of the date of this disposition. (See, Kimble v. State, 19-353 (La.

App. 5 Cir. 8/9/19) (unpublished writ disposition), where the trial court denied the

motion for speedy trial because the defendant was represented by trial counsel and

the trial counsel did not adopt the defendant’s motion. This Court remanded the

matter to the trial court for a contradictory hearing to be held pursuant to La. C.Cr.P.

art. 701(F).)

Gretna, Louisiana, this 11th day of April, 2023.

MEJ
SMC
CER

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
CORNELIUS E. REGAN, PRO TEM 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 04/11/2023 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:

23-K-151
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Michael P. Mentz (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Rene Barthelemy #66528010 (Relator)
Jefferson Parish Correctional Center
P. O. Box 388
Gretna, LA 70054