State of Louisiana v. Brady John Castille

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
NO: CW 10-01438

Judgment rendered and mailed to all
parties or counsel of record on
February 22, 2011.

STATE OF LOUISIANA
VERSUS
BRADY JOHN CASTILLE

FILED: 12/02/10

On application of Brady John Castille for SUPERVISORY WRIT in No. 50-CR-6573
on the docket of the Sixteenth Judicial District Court, Parish of Iberia, Honorable
Gerard B. Wattigny.

Counsel for:
Shane Errol Romero, Jr. Brady John Castille

Counsel for:
Anne Garber Stevens State of Louisiana

Lake Charles, Louisiana, on February 22, 2011.

WRIT GRANTED AND MADE PEREMPTORY. We find that the

trial court erred in denying the relator’s motion to quash and in
transferring his motion to expunge to the New Iberia City Court. Under
La.R.S. 44:9(A)(1), a person may file a motion to expunge in either the
court in which the violation at issue was prosecuted or in the district
court located in the parish in which the mover was arrested. Here, the
relator filed his motion to expunge in the district court located in the
parish in which he was arrested. Accordingly, we reverse, set aside, and
vacate the trial court’s ruling. We remand this matter for further
proceedings in the Sixteenth Judicial District Court.

MoO. JIT 4 ALTA
J.T.G.

M. T. A. S.J. G.