Opinion
55,958-KW
05-31-2024
STATE OF LOUISIANA v. ELVAN T. MCDANIEL
LAW OFFICES OF CHRIS L. BOWMAN Chris Lane Bowman Colby L. Bowman Counsel for: Elvan T. McDaniel LOUISIANA ATTORNEY GENERAL Liz Murrill Darwin Clayton Miller Michelle Anderson Thompson Counsel for: State of Louisiana
On application of Elvan T. McDaniel for SUPERVISORY WRIT in No. 34,604 on the docket of the Second Judicial District, Parish of CLAIBORNE, Judge Walter Edward May, Jr.
LAW OFFICES OF CHRIS L. BOWMAN Chris Lane Bowman Colby L. Bowman Counsel for: Elvan T. McDaniel
LOUISIANA ATTORNEY GENERAL Liz Murrill Darwin Clayton Miller Michelle Anderson Thompson Counsel for: State of Louisiana
Before STONE, HUNTER, and MARCOTTE, JJ.
WRIT GRANTED IN PART; DENIED IN PART.
The applicant, Elvan T. McDaniel, seeks supervisory review of the trial court's ruling setting bail at $200,000.00 and imposing the following conditions on bail:
(1) Defendant is not to carry any weapons, including any gun, taser or other instrument that may be considered a weapon; (2) Defendant is not to have access to the Homer Police Department, specified as he is not permitted on the premises; (3) Defendant is not to have access to any Homer Police vehicle or contact with any Homer Police personnel; (4) Defendant shall not have authority to swear any affidavits or other official documents; (5) No Homer police personnel shall have any contact with Greg Moak or any witnesses and other persons involved in the current case involving Greg Moak.
We find that the trial court abused its discretion in imposing conditions of bail that effectively restrict the applicant's ability to perform his responsibilities as the duly elected Chief of Police. This writ is granted in part and conditions (2), (3), and (4) are vacated in their entirety. In addition, the portion of condition (5), which purports to apply to all other Homer police officers, is vacated in part to limit application of the restriction solely to Elvan T. McDaniel. La.C.Cr.P. art. 320(B) and (J).
In all other respects, this writ is denied.