State Of Louisiana v. Michael Hawk

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 0873 VERSUS MICHAEL HAWK NOVEMBER 22, 2021 In Re: Michael Hawk, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No. 16 - CR - 999. BEFORE: WELCH, THERIOT, AND HESTER, JJ. WRIT DENIED. MRT CHH Welch, J., dissents and would grant the writ application to reverse the district court' s ruling denying the motion to quash. While retrial of relator for the offense of first degree rape would not violate the principles of double jeopardy, see State V. Janes, 2021- 01465 ( La. 10/ 14/ 21), So. 3d , 2021 WL 4860025 , it would violate relator' s right of appeal. See La. Const, art. I, § 19; State v. Gaadley, 423 So. 2d 648 , 65152 La. 1982 ). COURT OF APPEAL, FIRST CIRCUIT f DEPUT LEIRK OF COURT FOR THE COURT