Opinion
21-K-409
06-28-2021
STATE OF LOUISIANA v. CALVIN KING IN RE CALVIN KING
SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS, DIVISION "G", NUMBER 11-0690
Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Jude G. Gravois
WRIT GRANTED; JUDGMENT REVERSED; MOTION FOR STAY DENIED AS MOOT
In this emergency writ application, defendant, joined by the State of Louisiana, seeks this Court's supervisory review of the trial court's denial of the joint motion to continue trial, which is scheduled for today. Relators also seek a stay of the trial pending this Court's resolution of the writ application.
On the showing made, we find that the trial court abused its discretion in denying the joint motion to continue trial under the circumstances presented herein. See State v. Barnes, 11-1186 (La.App. 4 Cir. 8/29/11), 72 So.3d 939 (where the Fourth Circuit concluded 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."). See also State v. Darwin Bethune, 18-147 (La.App. 5 Cir. 3/26/18) (unpublished writ disposition) (J. Windhorst dissenting), where a majority of the panel reached the same conclusion. Accordingly, we grant the writ application and reverse the trial court judgment denying the joint motion to continue trial set for today, June 28, 2021, and direct the trial court to continue the matter to a later date convenient to the court and the parties. Because of our decision, the request for a stay is denied as moot.
JGG
SMC
FHW