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State v. Barnes

COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA
Feb 15, 2012
NO. 2011-K-1185 (La. Ct. App. Feb. 15, 2012)

Opinion

NO. 2011-K-1185

02-15-2012

STATE OF LOUISIANA v. KENNETH BARNES

PATRICK CANTON McGINITY DONALD ANTHONY SAUVIAC, JR. COUNSEL FOR RELATOR, KENNETH BARNES LEON A. CANNIZZARO, JR., DISTRICT ATTORNEY FELICITY STRACHAN, ASSISTANT DISTRICT ATTORNEY COUNSEL FOR RESPONDENT, STATE OF LOUISIANA


ON APPLICATION FOR WRITS DIRECTED TO

CRIMINAL DISTRICT COURT ORLEANS PARISH

NO. 488-187, SECTION "B"

HONORABLE LYNDA VAN DAVIS, JUDGE


JUDGE MICHAEL E. KIRBY

(Court composed of Judge Michael E. Kirby, Judge Max N. Tobias, Jr., Judge Paul A. Bonin)

PATRICK CANTON McGINITY

DONALD ANTHONY SAUVIAC, JR.

COUNSEL FOR RELATOR, KENNETH BARNES

LEON A. CANNIZZARO, JR., DISTRICT ATTORNEY

FELICITY STRACHAN, ASSISTANT DISTRICT ATTORNEY

COUNSEL FOR RESPONDENT, STATE OF LOUISIANA

WRIT GRANTED; JUDGMENT REVERSED.

The defendant, Kenneth Barnes, seeks this Court's review of the trial court's denial of his motion for continuance of trial scheduled for September 1, 2011. The State of Louisiana joined in the defendant's motion, and has filed its own writ application seeking review of the trial court's denial of the motion in 2011-K-1186.

This Court has previously found, in unpublished writ dispositions, that it is an abuse of the trial court's discretion to deny a motion for continuance when both sides in a criminal case agree to a continuance of trial. La. C.Cr.P. art. 707; State v. Lee, 11-1176, unpub. (La.App. 4 Cir. 8/25/11); State v. Richardson, 09-0953, unpub. (La.App. 4 Cir. 7/20/09); State v. King, 11-0243, unpub. (La.App. 4 Cir. 2/18/11); State v. Terry, 11-0245, unpub. (La.App. 4 Cir. 2/18/11). In the instant case, the trial court, on August 26, 2011, denied the joint motion for continuance of the trial scheduled for September 1, 2011. We find that this was an abuse of the trial court's discretion. Accordingly, we grant the defendant's writ application and reverse the trial court judgment denying the continuance. We hereby grant the continuance of the September 1, 2011 trial date. Because of our decision, the request for a stay is moot.

WRIT GRANTED; JUDGMENT REVERSED


Summaries of

State v. Barnes

COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA
Feb 15, 2012
NO. 2011-K-1185 (La. Ct. App. Feb. 15, 2012)
Case details for

State v. Barnes

Case Details

Full title:STATE OF LOUISIANA v. KENNETH BARNES

Court:COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA

Date published: Feb 15, 2012

Citations

NO. 2011-K-1185 (La. Ct. App. Feb. 15, 2012)