State Of Louisiana v. Ashley Whitaker Finch

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2026 KW 0056 VERSUS ASHLEY WHITAKER FINCH MAY 8, 2026 In Re: Ashley Whitaker Finch, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2202526.

BEFORE : MILLER, GREENE, AND FIELDS, JJ.

WRIT GRANTED. An individual who is not on probation cannot be subjected to any conditions of probation. La. Code Crim. P. art. 895(A); see also State v. Hargrave, 93-628 (La. App. 5th Cir. 1/25/94), 631 So.2d 1208, 1213. Furthermore, there is no evidence that a recent petition for a protective order was filed by the victims nor did they appear and offer any testimony at the motion hearing. See Bays v. Bays, 2000-1727 (la. 2/21/01), 779 So.2d 754. Under these circumstances, the district court does not have authority to issue a protective order in this matter.

Accordingly, the protective order is vacated and this matter is remanded for further proceedings.

SMM WEF Greene, J., dissents. I would issue an interim order for the State to file a response to relator’s claims that once relator’s probation was terminated, the district court did not have statutory authority to issue and/or extend a protective order in this matter.

“COURT OF APPEAL, FIRST CIRCUIT LVI AL» Ono BEPUTY CLERK OF COURT } FOR THE COURT