Opinion
55,575-KW 55,576-KW 55,577-KW 55,578-KW
10-12-2023
STATE OF LOUISIANA v. CORDERO JAMES CLAY
CADDO PARISH PUBLIC DEFENDER'S OFFICE CHARLES EVAN MCMICHAEL COUNSEL FOR: CORDERO JAMES CLAY JAMES E. STEWART, SR. FERNANDO BERNARD GRIDER, JR. COUNSEL FOR: STATE OF LOUISIANA.
FILED: 09/28/23
RECEIVED: BY HAND 09/28/23
On application of Cordero James Clay for SUPERVISORY WRIT in No. 394,122, 394,639, 396,190 and 396,860 on the docket of the First Judicial District, Parish of CADDO, Judge Ramona L. Emanuel.
CADDO PARISH PUBLIC DEFENDER'S OFFICE CHARLES EVAN MCMICHAEL COUNSEL FOR: CORDERO JAMES CLAY
JAMES E. STEWART, SR. FERNANDO BERNARD GRIDER, JR. COUNSEL FOR: STATE OF LOUISIANA.
Before COX, STEPHENS, and ELLENDER, JJ.
WRIT GRANTED; REMANDED WITH INTRUCTIONS .
Applicant Cordero J. Clay seeks review of the August 15, 2023, oral ruling of the trial court which granted the State's "Motion and Order to Revoke Bond." A defendant may be held without bail pending trial only if, after a contradictory hearing, the proof is evident and the presumption of guilt is great and the trial court finds by clear and convincing evidence that there is a substantial risk that relator may flee or poses an imminent danger to any other person or the community. La. Const, art. I, § 18 and La.C.Cr.P. arts. 312 and 313. In the August 15, 2023, proceedings, the trial court summarily revoked Clay's bail based upon arguments made by the State and without a contradictory hearing.
We grant this writ application, and vacate the trial court's ruling. The matter is remanded to the trial court to conduct a contradictory hearing within five days of this order. Clay shall remain in custody pending resolution of the bail hearing and a final ruling thereon.