Supreme Court of Louisiana, 1989

State ex rel. Williams v. Butler

State ex rel. Williams v. Butler
Supreme Court of Louisiana · Decided February 24, 1989
538 So. 2d 581; 1989 La. LEXIS 533; 1989 WL 15487 (Southern Reporter, Second Series)

State ex rel. Williams v. Butler

Opinion of the Court

In re Williams, Herbert B.; applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “F”, No. 240-278.

Granted. The district court is ordered to appoint counsel for relator and conduct an evidentiary hearing at which relator will have an opportunity to establish that his probation period expired prior to the execution of a probation violation warrant. Even if a detainer was lodged timely on the basis of a charge of probation violation, issuance of a detainer did not suspend the running of the probationary period prior to the effective date of the amendment of La.C.Cr.P. art. 899 D by Act 930 of 1985.

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