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STATE v. FOY

No. 2003-K-1274.

853 So.2d 689 (2003)

STATE of Louisiana, v. Clarence FOY.

Court of Appeal of Louisiana, Fourth Circuit.

July 24, 2003.

Attorney(s) appearing for the Case

Eddie J. Jordan, Jr., District Attorney, Cynthia K. Simon, Assistant District Attorney, New Orleans, LA, for Relator, State of Louisiana.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, and Judge MAX N. TOBIAS, JR.).

MAX N. TOBIAS, JR., Judge.

We grant the application for a supervisory writ filed by the state of Louisiana seeking review of an order of the trial court directing that the defendant, Clarence B. Foy ("Foy"), be released from jail after a finding of no probable cause arising out of a preliminary examination ordered by the court on its own motion. The state presented no evidence at the preliminary examination; it's witness failed to appear as had occurred previously...

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