State v. Barthelemy
State v. Barthelemy
Opinion of the Court
| granted. The Court of Appeal’s decision is reversed, and the ruling of the trial court is reinstated to the extent the trial shall proceed as scheduled with CAPOLA representing defendant. All other matters relating to the contractual disputes between LPDB and CAPOLA are reserved for resolution in the declaratory judgment and injunction proceeding currently pending in the 19th JDC.
Concurring Opinion
additionally concurs and assigns reasons.
|tI concur in the majority decision to reverse the court of appeal and order the trial to proceed as scheduled. I write separately to underscore the critical fact that both this incarcerated and indigent capital defendant and the family members of the victim are entitled to a speedy trial in this important case. In my view, the La. Public Defender Board should comply with its nondiscretionary statutory duty as prescribed by La. R.S. 15:141 et seq„ the Louisiana Public Defender Act.
To rule otherwise allows the 19th JDC dispute between the Louisiana Public Defender Board and CAPOLA to impermissi-bly infringe upon the constitutional power of the court to control its docket, as directed by La. Constitution art. V, § 2, and contravenes our paramount obligation to effectuate the efficient and orderly administration of criminal justice.
Reference
- Full Case Name
- STATE of Louisiana v. Robert J. BARTHELEMY
- Status
- Published