151 So. 3d 706
La. Ct. App.2014Background
- Arrested November 8, 2006 for simple burglary; charged January 5, 2007.
- February 5, 2007 pro se habeas petition alleging detention over 88 days without arraignment under La. C.Cr.P. art. 230.1.
- Arraigned February 7, 2007; OPD appointed after entering not guilty plea.
- May 1, 2008 defendant’s motion to quash bill of information granted June 6, 2008; OPD issues led to Tulane Law Clinic appointment November 16, 2007.
- June 11, 2008 State filed motion for appeal; return date August 20, 2008; no further action for over five years until record lodged September 5, 2013; defendant moved to dismiss as abandonment; State brief filed following lodging.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abandonment of the appeal due to delay | State not abandoned; once timely appeal was granted, district must lodge record; civil-criminal distinction tolls dismissal | No action for years; appeal should be dismissed as abandoned | State did not abandon; appeal status valid; dismissal denied |
| Whether the trial court abused its discretion by granting the motion to quash | Speedy-trial rights violated; Barker factors favor State’s showing | Delay caused prejudice; lack of counsel and pretrial confinement prejudiced defense | Defendant denied speedy trial; trial court's grant of motion to quash affirmed |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (balancing test for speedy-trial rights)
- Love v. State, 847 So.2d 1198 (La. 2003) (speedy-trial considerations in Louisiana context)
- State v. Hall, 127 So.3d 30 (La.App. 4 Cir. 2013) (abandonment analysis for criminal appeals—delay not fatal when timely appeal filed)
- State v. Brooks, 124 So.3d 1129 (La.App. 4 Cir. 2013) (abandonment analysis for criminal appeals—record lodgment delays not fatal)
- State v. Ross, 955 So.2d 167 (La.App. 4 Cir. 2007) (record lodging responsibility after timely appeal)
- State v. Esteen, 672 So.2d 1098 (La.App. 4 Cir. 1996) (delay adequate to trigger Barker analysis in simple cases)
- State v. Quinn, 136 So.3d 267 (La.App. 4 Cir. 2014) (case-specific Barker analysis guidance)
- State v. Alfred, 337 So.2d 1049 (La.1976) (when right attaches and impact of delay on rights)