State Of Louisiana v. Matthew Mire

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1273 VERSUS

MATTHEW MIRE OCTOBER 22, 2021

In Re: Matthew Mire, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, Nos. 44495, 44496.

BEFORE: McCLENDON, WELCH, .!IND THERIOT, JJ.

WRIT GRANTED .!IND STAY DENIED. The district court erred in issuing the October 15, 2021 order ex parte. Absent a showing of good cause, the district court was required to hold a contradictory hearing on the State's motion prior to issuing the order. See State v. Brown, 2016-0274 (La. 4/22/16), 192 So.3d 720, 721. We therefore vacate the October 15, 2021 order and remand this matter to the district court to hold a contradictory hearing on the State's motion no later than November 2, 2021.

PMc

MRT

Welch, J., concurs.

/DEPUTY CLERK ~ COURT

FOR THE COURT