STATE OF LOUISIANA NO. 2023 KW 1242 VERSUS

DEBORAH SHIRLEY JANUARY 29, 2024

In Re: Deborah Shirley, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 22- WFLN- 236.

BEFORE: HESTER, MILLER, AND GREENE, Ji.

WRIT GRANTED.

The conduct alleged against relator does not provide a legal basis for the offense See charged. State v. DeJesus, 94- 0261 ( La. 9/ 16/ 94), 642 So. 2d 854, 855 ( per curiam).

The negligent homicide statute proscribes conduct that goes beyond carelessness, mistake, error in judgment or omission of duty. It is more than the mere failure to do something which a reasonable and prudent man would do. See State v. Bowie, 95- 795 La. App. 3d Cir. 11/ 13/ 96), 684 So. 2d 68, writ granted, 96- 2987 La. 1/ 31/ 97), 687 So. 2d 369. Accordingly, the district court erred by not ordering the bill of information quashed. The ruling denying the motion to quash is reversed, the motion to quash is granted, and this matter is remanded to the district court for further proceedings.

CHH SMM HG

URT OF APPEAL, FIRST CIRCUIT M

DUTY CLERK OF COURT FOR THE COURT