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State v. Handy

Court of Appeals of Louisiana, Fourth Circuit

January 16, 2019

STATE OF LOUISIANA
v.
LOUIS HANDY

          APPLICATION FOR WRITS DIRECTED TO CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 530-881, SECTION "B" Honorable Tracey Flemings-Davillier, Judge

          LEON A. CANNIZZARO, JR., DISTRICT ATTORNEY, MICHAEL DANON, ASSISTANT DISTRICT ATTORNEY ORLEANS PARISH, COUNSEL FOR RESPONDENT/STATE OF LOUISIANA

          JUSTIN CAINE HARRELL ORLEANS INDIGENT PUBLIC DEFENDERS COUNSEL FOR RELATOR/DEFENDANT

          Court composed of Judge Daniel L. Dysart, Judge Sandra Cabrina Jenkins, Judge Paula A. Brown

          SANDRA CABRINA JENKINS, JUDGE

         Relator/defendant, Louis Handy, seeks expedited review of the trial court's ruling granting the State's motion to set aside defendant's motion for speedy trial and granting the State's request for a continuance of the trial date. For the following reasons, we grant defendant's writ, vacate the trial court's ruling, and remand for further proceedings.

         PROCEDURAL BACKGROUND[1]

         On October 7, 2016, defendant was charged by bill of information with two counts of attempted second degree murder and one count of possession of a firearm by a convicted felon. Co-defendant, Dericka Hunter, was charged in the same bill of information with one count of accessory to second degree murder. At all times during these proceedings, defendant and Hunter have been represented by separate counsel.

         On September 10, 2018, defendant filed a motion for speedy trial with an accompanying affidavit certifying that defendant and his counsel were prepared to proceed to trial in accordance with the time delays set forth in La. C.Cr.P. art. 701(D). At that time, trial was set for October 29, 2018.

         On October 24, 2018, the State elected to sever the trials of defendant and Hunter. The next day, the State sought a continuance, which was denied by the trial court. The State filed writs in this Court and in the Louisiana Supreme Court. This Court denied the State's writ, but the Louisiana Supreme Court granted the State's writ and granted a continuance. See State v. Handy, unpub., 18-0917 (La.App. 4 Cir. 10/26/18), writ granted, 18-1769 (La. 10/27/18). Subsequently, trial was reset for January 7, 2019.

         On December 20, 2018, defendant appeared with counsel for a pre-trial conference. At that time, the State orally moved for the trial court to set aside defendant's motion for speedy trial and requested a continuance. After hearing arguments from counsel, the trial court granted the State's motion to set aside defendant's motion for speedy trial and granted the State's request for a continuance. Defense counsel objected and noticed intent to seek writs.

         Defendant timely filed this writ on January 7, 2019. In consideration of defendant's writ, this Court ordered a per curiam from the trial court and a response from the State.

         DISCUSSION

         Defendant argues that the trial court erred in summarily rescinding his motion for a speedy trial that was filed in accordance with La. C.Cr.P. art. ...


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