State v. Butler

Supreme Court of Louisiana August 14, 1978

State v. Butler, 361 So. 2d 884 (La. 1978)

1978 La. LEXIS 6222

Action, Being, Bond, Does, Hearing, Indictment, Made, Mooted, Moreover, Reduction, Summers, That

Opinion of the Court

In re: Richard Earl Butler applying for writs of certiorari, prohibition, mandamus and for a stay order. Parish of Jefferson.

Writ granted in part. Since the Grand Jury has indicted the defendant for a capital offense subsequent to the bail hearing, it is ordered that the case be remanded for a post-indictment bail hearing in accordance with article 313, C.Cr.P.

SUMMERS, J., dissents, being of the opinion that the showing made by defendant does not warrant a reduction of bond. Moreover, the action at the hearing of June 21, 1978 is mooted by the subsequent Grand Jury indictment of June 23, 1978.

Reference

Full Case Name: STATE of Louisiana v. Richard Earl BUTLER
Status: Published