You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

State v. Barnes

Citations: 72 So. 3d 939; 2011 La.App. 4 Cir. 1186; 2011 La. App. LEXIS 1001; 2011 WL 3844220Docket: No. 2011-K-1186

Court: Louisiana Court of Appeal; August 29, 2011; Louisiana; State Appellate Court

Narrative Opinion Summary

The Court reviewed the trial court's denial of a joint motion for continuance filed by both the State of Louisiana and the defendant, Kenneth Barnes, regarding a trial set for September 1, 2011. The defendant also submitted a writ application contesting the denial. Citing prior cases where it was deemed an abuse of discretion to deny a mutually agreed continuance in criminal cases, the Court found that the trial court's refusal to grant the continuance was similarly inappropriate. Consequently, the Court reversed the trial court's judgment and granted the continuance for the trial date. The request for a stay was rendered moot by this decision. The judgment was reversed, and the writ was granted.

Legal Issues Addressed

Continuance in Criminal Trials

Application: The Court determined that the trial court's denial of a joint motion for continuance, agreed upon by both the prosecution and defense, constituted an abuse of discretion.

Reasoning: Citing prior cases where it was deemed an abuse of discretion to deny a mutually agreed continuance in criminal cases, the Court found that the trial court's refusal to grant the continuance was similarly inappropriate.

Judicial Discretion in Granting Continuances

Application: The Court applied the principle of judicial discretion, finding that the trial court's decision was inappropriate and reversing the judgment to grant the continuance.

Reasoning: The Court found that the trial court's refusal to grant the continuance was similarly inappropriate. Consequently, the Court reversed the trial court's judgment and granted the continuance for the trial date.

Mootness of Stay Requests

Application: The Court declared the request for a stay moot following its decision to reverse the trial court's denial of the continuance.

Reasoning: The request for a stay was rendered moot by this decision.