Opinion
No. 2020-KK-00445
04-17-2020
STATE OF LOUISIANA v. DARRILL HENRY
IN RE: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ, Parish of Orleans Criminal, Criminal District Court Number(s) 451-696, Court of Appeal, Fourth Circuit, Number(s) 2020-K-0200; April 17, 2020 Writ application granted. See per curiam.
JLW
JTG
WJC
JHB
Johnson, C.J., would deny.
Hughes, J., would deny.
Crichton, J., would deny. /s/ ON SUPERVISORY WRIT TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS PER CURIAM :
Writ granted. The district court's order setting bail is vacated, and the matter is remanded to the district court to conduct a contradictory hearing to determine whether defendant is entitled to bail following the district court's order granting defendant a new trial, which order the district court stayed pending appellate review. See La. Const. Art. I, § 18(B) ("[A] person charged with a crime of violence . . ., and the proof is evident and the presumption of guilt is great, shall not be bailable if, after a contradictory hearing, the judge or magistrate finds by clear and convincing evidence that there is a substantial risk that the person may flee or poses an imminent danger to any other person or the community."). If the district court sets bail after conducting a contradictory hearing upon remand, the district court is further directed to consider whether additional conditions or restrictions are appropriate to safeguard the victims' families, the witnesses, and the community. See La.C.Cr.P. art. 320(B). The stay previously issued by this court pending supervisory review of the setting of bail is hereby lifted.