State Of Louisiana v. Earnest White

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 1272 VERSUS EARNEST CARLO WHITE NOV 12 201 In Re: Ernest Carlo White, for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 04- 19- 0701. BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ. WRIT DENIED. A just cause hearing should be held when the delay to institute prosecution has passed, a motion for release has been filed, and a bill of information or indictment is not filed before a hearing is held on the motion. See La. Code Crim. P. art. 701( B). See State v. Varmall, 539 So. 2d 45 ( La. 1989) ( per curiam); State v. Bell, 2014- 1045 ( La. App. 1st Cir. 1/ 15/ 15), 169 So. 3d 417, 425 . VGW WJC Guidry, J., dissents and would not consider the writ application which appears to be untimely. See Uniform Rules of Louisiana Courts of Appeal, Rules 4- 2 and 4- 5. COURT OF APPEAL, FIRST CIRCUIT LiL. J DEPUTY CIIERK OF COURT FOR THE COURT