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State v. Hawk

Court of Appeals of Louisiana, First Circuit
Nov 22, 2021
2021 KW 0873 (La. Ct. App. Nov. 22, 2021)

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).


Summaries of

State v. Hawk

Court of Appeals of Louisiana, First Circuit
Nov 22, 2021
2021 KW 0873 (La. Ct. App. Nov. 22, 2021)
Case details for

State v. Hawk

Case Details

Full title:STATE OF LOUISIANA v. MICHAEL HAWK

Court:Court of Appeals of Louisiana, First Circuit

Date published: Nov 22, 2021

Citations

2021 KW 0873 (La. Ct. App. Nov. 22, 2021)