STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2022 Kw 1340 VERSUS

NEAL A. LANGHART DECEMBER 19, 2022

In Re: Neal A. Langhart, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, Nos. 45, 087, 45, 286.

BEFORE McDONALD, McCLENDON, AND HOLDRIDGE, JJ.

WRIT GRANTED. The trial court' s rulings revoking relator' s bond in case number 45, 087 and denying bond in case number 45, 285 are reversed. Louisiana' s constitution requires that b] efore and during a trial, a person shall be bailable by sufficient surety, except when he is charged with a capital offense and the proof is evident and the presumption of guilt is great." La. Const. art. I, § 18( A). However, when a person is charged with a crime of violence as defined by La. R. S. 14: 2( B), and the proof is evident and the presumption of guilt is great, he shall be bailable not following a contradictory if, hearing, the judge " finds by clear and convincing evidence that there is a substantial risk that the person may flee or poses an imminent danger to any other person or the community." La. Const. art. I, § 18 ( B). In the instant case, although the state offered

evidence to establish probable cause for the offenses, the state failed to offer clear and convincing evidence that there is a substantial risk that relator may flee or he poses an imminent danger to any other person or the community. Cf. State v. Jacobs, 2012- 2737 ( La. 12/ 20/ 12), 108 So. 3d 757 (" Given that defendant is charged with an enumerated crime of violence and due to defendant' s lengthy criminal history, including prior acts of violence against the victim of the instant case, the trial court did not abuse its discretion in granting the State' s motion to hold defendant without bond."). Accordingly, this matter is remanded to the trial court to reinstate relator' s original bond in case number 45, 087 and to set bond in case number 45, 286 unless the state proves by clear and convincing evidence that there is a substantial risk that relator may flee or poses a threat.

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COURT OF APPEAL, FIRST CIRCUIT

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UTY CLERK OF COU FOR THE COURT