Opinion
2021 KW 0873
11-22-2021
STATE OF LOUISIANA v. MICHAEL HAWK
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. Jones, 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. Goodley, 423 So.2d 648, 651-52 (La. 1982).