State v. McKinley

Supreme Court of Louisiana June 30, 2000

State v. McKinley, 767 So. 2d 42 (La. 2000)

2000 La. LEXIS 2055; 2000 WL 969201

Art, Bail, Calogero, Clear, Community, Conviction, Danger, Defendant, Entitled, Evidence, Flee, Grant, Johnson, Lemmon, Lsa, Persons, Traylor, Writ

Opinion of the Court

In re Phipps, McKinley J., Jr.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court, Div. E, No. 316809; to the Court of Appeal, First Circuit, No. 00 KW 0975.

Denied.

CALOGERO, C.J., and LEMMON, J., would grant the writ. TRAYLOR, J., not on panel. JOHNSON, J., would grant the writ. LSA.C.Cr.P. Art. 331 provides that defendant is entitled to bail before conviction, unless evidence is clear and convincing that defendant may flee or poses a danger to persons in the community.

Reference

Full Case Name: STATE of Louisiana v. McKinley, J. PHIPPS, Jr.
Status: Published