502 So. 2d 119
Decided February 24, 1987
Supreme Court of Louisiana · decided 1987-02-24
Cited by 2 later decisions — most recently May 1999
2 state decisions
Key passage — most relied on by later courts
“D. After the filing of a motion for a speedy trial by the defendant, the time period for commencement of trial shall be as follows: (1) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody. (2) The trial of a defendant charged with a misdemeanor shall commence within thirty days if he is continued in custody and within sixty days if he is not continued in custody. Failure to commence trial within the time period provided above shall result in the release of the defendant without bail or in the discharge of the bail obligation, if after contradictory hearing with the district attorney, just cause for the delay is not shown. E. “Just cause” as used in this Article shall include any grounds beyond the control of the State or the Court.”
quoted by 1 later decision, including 574 So. 2d 400 - State v. Thurman
Good law ✅— No negative treatment on recordhow we know
Decided 1987-02-24
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¶1In re Watson, Clarence; applying for supervisory writ; Parish of St. James, 23rd Judicial District Court, Div. “D”, No. 879-F; to the Court of Appeal, Fifth Circuit, No. 87-K-101.
¶2Granted. The state’s failure to commence trial within the time period provided by law requires that the defendant be released without bail. So ordered.