Supreme Court of Louisiana, 1977

State v. Thibodaux

State v. Thibodaux
Supreme Court of Louisiana · Decided December 14, 1977 · Sanders, Summers
352 So. 2d 1042; 1977 La. LEXIS 6697 (Southern Reporter, Second Series)

State v. Thibodaux

Opinion of the Court

In re: Edward Thibodaux, applying for supervisory writs and a stay order.

Writ granted. The trial court apparently took judicial notice of bail-factors set forth by La.C.Cr.P. Art. 317(2) and (3), without requiring evidence as to them. The bail-reduction hearing is to be re-opened for purposes of receiving evidence as to these factors, insofar as the state relies upon them in opposing reduction. Remanded for that purpose.

Dissenting Opinion

SANDERS, C. J., and SUMMERS, J.,

dissent and are of the opinion that there is no abuse of discretion on the part of the trial judge.

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