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653 So. 2d 1176

Docket No. 95-KK-0648.

State v. Reed

STATE of Louisiana v. Dr. Fred L. REED, Jr.

Supreme Court of Louisiana

Decided April 28, 1995.

Supreme Court of Louisiana · decided 1995-04-28

Good law ✅— No negative treatment on recordhow we know

Decided 1995-04-28

How this case has been cited

Cited by 330 later decisions — most recently May 2019 · most notably 704 So. 2d 241 - State v. Jyles (1997), 746 So. 2d 58 - State v. Watts (1999)

327 state decisions

2360199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1PER CURIAM.

¶2The application is granted.

¶319th Jud.Dist.Ct.R. III, § 2(D) provides:

Where an indictment charging other than a homicide or rape offense, for which no arrest has been previously effected, the indictment shall be referred to the Clerk of Court for allotment. Said allotment shall be by random selection eliminating from the selection process any Section of Criminal Court which has previously been allotted a case of the nature described in this paragraph until all Sections of Criminal Court have been selected and allotted a case of the nature described in this paragraph. (emphasis added).

¶4In the procedure followed in this case, the allotment was done by a numerical rotation in which any indictment or information filed by the district attorney was allotted to the "next judge up." Such a system not only invites manipulation of allotments, but also violates the court rule which requires random allotment of each case.

¶5Relator is entitled to enforcement of the court rule without proving actual manipulation in his particular case.

¶6Accordingly, the judgment denying the motion for proper allotment is reversed, and the matter is remanded to the district court for allotment in compliance with court rules.

¶7KIMBALL, J., not on panel.

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