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State v. Miller

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Oct 15, 2018
NO. 2018 KW 1174 (La. Ct. App. Oct. 15, 2018)

Opinion

NO. 2018 KW 1174

10-15-2018

STATE OF LOUISIANA v. GREGORY C. MILLER


In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 05-18-0494. BEFORE: PETTIGREW, McCLENDON, AND HIGGINBOTHAM, JJ.

WRIT GRANTED. The district court's ruling granting the defendant's 701 motion, releasing the defendant from pretrial custody and his bail obligation is reversed, and this matter is remanded to the district court for further proceedings. Although it is clear that the district attorney is solely responsible for setting the arraignment and failed to do so in a timely manner, the defendant did not diligently assert his right to arraignment. Because the defendant is not prejudiced by the delayed arraignment, the defendant is not entitled to release without bail. See State v. Cody, 446 So.2d 1278, 1284 (La. App. 2d Cir. 1984). Furthermore, Louisiana Code of Criminal Procedure article 701(C) does not provide a remedy for failure to timely set an arraignment.

TMH

PMc

Pettigrew, J., dissents and would deny the writ application. COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Miller

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Oct 15, 2018
NO. 2018 KW 1174 (La. Ct. App. Oct. 15, 2018)
Case details for

State v. Miller

Case Details

Full title:STATE OF LOUISIANA v. GREGORY C. MILLER

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Oct 15, 2018

Citations

NO. 2018 KW 1174 (La. Ct. App. Oct. 15, 2018)