Supreme Court of Louisiana, 2010

State v. Barton

State v. Barton
Supreme Court of Louisiana · Decided July 12, 2010 · Knoll
39 So. 3d 591; 2010 La. LEXIS 1721; 2010 WL 3034700 (Southern Reporter, Third Series)

State v. Barton

Concurring Opinion

KNOLL, J.,

concurs. In my view, using a criminal case as a vehicle to challenge the allotment system is improper because the allotment system is more in the nature of an administrative matter, although it has due process repercussions.

Opinion of the Court

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Acadia, 15th Judicial District Court Div. F, Nos. 68908, 69083, 69035, 69037, 69039; to the Court of Appeal, Third Circuit, No. KW10-00802.

Writ granted. The judgment and the stay of the court of appeal are reversed. The trial court did not abuse its discretion in finding defendant’s motion challenging the allotment system as untimely. The rulings of the trial court are reinstated and this matter is remanded to the trial court.

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