STATE OF LOUISIANA NO. 2024 KW 1049 VERSUS

HILARY HANIFF FEBRUARY 27, 2025

In Re: Hilary Haniff, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. DC - 23- 01599.

BEFORE: PENZATO, STROMBERG, AND CALLOWAY, 1 JJ.

WRIT GRANTED. The district court' s ruling denying relator' s motion to quash is reversed. The state failed to meet its burden to show that it was excused from trying relator after the time period mandated by La. Code Crim. P. art. 578. The state failed to exercise due diligence in discovering the whereabouts of relator. See State v. Chadbourne, 98- 1998 ( La. 1/ 8/ 99), 728 So. 2d 832. Additionally, relator' s appearance on her own accord at a hearing in this matter three days before the time period expired did not suspend or interrupt the time limits. At the hearing, relator did not make a preliminary plea or seek a continuance, and her appearance did not impact the state' s ability to try the case.

Moreover, relator did not request counsel at the hearing, but only responded affirmatively when asked by the court if she would like to hire counsel. Thus, there was no showing that this response constituted grounds for suspension of the time limits set by Article 578.

TPS CAC

Penzato, J., dissents. I would deny the writ application.

RT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK OF COURT FOR THE COURT

Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.