State of Louisiana Versus Felicia Lampton

STATE OF LOUISIANA NO. 24-K-337

VERSUS FIFTH CIRCUIT

FELICIA LAMPTON COURT OF APPEAL

STATE OF LOUISIANA

August 01, 2024

Linda Wiseman
First Deputy Clerk

IN RE FELICIA LAMPTON

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE FRANK A.
BRINDISI, DIVISION "E", NUMBER 24-1688

Panel composed of Judges Marc E. Johnson,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED IN PART, GRANTED IN PART, AND REMANDED

In this writ application filed July 26, 2024, relator, Felicia Lampton, seeks

the stay and emergency review of the trial court’s order remanding relator to parish

jail to be held without bond based upon a pre-trial drug test, which was positive for

the presence of tetrahydrocannabinol (THC). For the following reasons, we deny

the request for stay, reverse the trial court’s order remanding relator without bail,

and remand this matter for further proceedings.

Relator is charged by bill of information filed on March 27, 2024 with

violating La. R.S. 14:95.1, possession of firearm or carrying concealed weapon by

a person convicted of certain felonies. Submitted in support of the writ

application are the bill of information and court minutes of the 24th Judicial District

Court in case number 24-1688, including those of proceedings conducted on July

22, 2024 and July 24, 2024.

1

According to minutes of July 22, 2024, relator, who was present in court

with her counsel, was ordered to submit to a drug screen. The exhibit attached to

the writ application reports the drug test was positive. Based on the positive drug

test result, the trial court ordered relator remanded to the Jefferson Parish

Correctional Center and held without bond. On July 24, 2024, a hearing was

conducted on relator’s motion for release. The trial court denied the motion,

ordered relator’s pre-trial bond revoked, and re-scheduled trial for August 26,

2024.

Relief sought by this writ is vacating the trial court’s order which remanded

relator to jail without bail based upon a positive test for THC. Louisiana Code of

Criminal Procedure article 320(K) states:

K. Violations. Violation of any condition by the defendant shall be
considered as a constructive contempt of court, and shall result in the
revocation of bail and issuance of a bench warrant for the defendant’s
arrest or remanding the defendant to custody. The court may also
modify bail by either increasing the amount of bail or adding
additional conditions of bail.

The procedure for punishing constructive contempt of court is set forth in La.

C.Cr.P. art. 24, which states in pertinent part:

A. When a person is charged with committing a constructive
contempt, he shall be tried by the judge on a rule to show cause
alleging the facts constituting the contempt. The rule may be issued by
the court on its own motion or on motion of the district attorney.
B. A certified copy of the motion and of the rule shall be served on the
person charged in the manner of a subpoena not less than forty-eight
hours prior to the time assigned for trial of the rule.
*****
D. If the person charged with contempt is found guilty, the court shall render
an order reciting the facts constituting the contempt, adjudging the person
charged with the contempt guilty thereof, and specifying the punishment
imposed.

2

Records submitted with this application do not reflect a constructive contempt

hearing was conducted. Additionally, there is no evidence for this court to

consider what conditions of bail may have been violated.

Violation of pre-trial bail conditions subjects a criminal defendant to arrest.

La. C.C.P. art. 332. Subject to limited exceptions, a person charged with the

commission of an offense is entitled to bail before conviction. La. C.Cr.P. art. 312.

For good cause, a court may increase or reduce the amount of bail, or require new

or additional security on its own motion or on motion of the district attorney or

defendant. La. C.Cr.P. art. 319. Under the Louisiana Code of Criminal Procedure,

remanding a defendant without bail for a bail condition violation is predicated on

an adjudication of contempt of court. La. C.Cr.P. art. 24. The procedure by which

a finding of constructive contempt of court is to be made is set forth by La. C.Cr.P.

art. 24.

Based on the foregoing, we grant in part and deny in part the relief sought in

relator’s writ. The trial court’s order remanding relator to the Jefferson Parish

Correctional Center is affirmed. We reverse the trial court’s orders for relator to be

held without bail and for revocation of relator’s bond. Though we are reversing

the trial court’s orders, we recognize relator may still yet be adjudged in contempt

for violation of bail conditions. Therefore, we order the trial court to conduct a

hearing in accordance with La. C.Cr.P. art. 24 within three (3) days of this

disposition, to set bail for relator pending the hearing ordered herein. Relator’s

motion to stay is denied.

Gretna, Louisiana, this 1st day of August, 2024.

TSM
MEJ

3

STATE OF LOUISIANA NO. 24-K-337

VERSUS FIFTH CIRCUIT

FELICIA LAMPTON COURT OF APPEAL

STATE OF LOUISIANA

SCHLEGEL, J., CONCURS IN PART AND DISSENTS IN PART
WITH REASONS
I agree that the trial court erred when it revoked relator’s bond without first

holding a hearing pursuant to La. C.Cr.P. art. 24. But I disagree that relator is

entitled to a bond pending such hearing. The trial court was clearly within its

authority to order the defendant remanded pursuant to La. C.Cr.P. arts. 320 & 332

without bond. According to the record, relator tested positive for marijuana while

out on bond for the charge of violating La. R.S. 14:95.1, possession of firearm or

carrying concealed weapon by a person convicted of certain felonies. Providing

relator with the ability to immediately post another bond before the contempt

hearing would defeat the statutory purpose of remanding any defendant who the

court believes to have violated the conditions of bail in the first place. La. C.Cr.P.

art. 332 clearly states that “[t]he court in which the defendant is held to answer

may issue a warrant for the arrest and commitment of the defendant who is at

large on bail when …. [t]here has been a breach of the bail undertaking.”

(Emphasis added.)

SUS

1

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
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL 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 08/01/2024 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:

24-K-337
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Frank A. Brindisi (DISTRICT JUDGE)
Thomas J. Butler (Respondent) Eric E. Malveau (Relator)

MAILED